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RULE §556.2Definitions

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise.

  (1) Abuse--The willful infliction of injury, unreasonable confinement, intimidation, or punishment with resulting physical harm, pain, or mental anguish.

  (2) Act--The Social Security Act, codified at United States Code, Title 42, Chapter 7.

  (3) Active duty--Current full-time military service in the armed forces of the United States or as a member of the Texas military forces, as defined in Texas Government Code §437.001, or similar military service of another state.

  (4) Active status--The designation given to a nurse aide listed on the NAR who is eligible to work in a nursing facility.

  (5) Armed forces of the United States--The Army, Navy, Air Force, Space Force, Coast Guard, or Marine Corps of the United States, including reserve units of those military branches.

  (6) Classroom training--The teaching of curriculum components through in-person instruction taught in a physical classroom location, which may include skills practice, or through online instruction taught in a virtual classroom location.

  (7) Clinical training--The teaching of hands-on care of residents in a nursing facility under the required level of supervision of a licensed nurse, which may include skills practice prior to performing the skills through hands-on care of a resident. The clinical training provides the opportunity for a trainee to learn to apply the classroom training to the care of residents with the assistance and required level of supervision of the instructor.

  (8) Competency evaluation--A written or oral examination and a skills demonstration administered by a skills examiner to test the competency of a trainee.

  (9) Competency evaluation application--An HHSC form used to request HHSC approval to take a competency evaluation.

  (10) Curriculum--The publication titled Texas Curriculum for Nurse Aides in Long Term Care Facilities developed by HHSC.

  (11) Direct supervision--Observation of a trainee performing skills in a NATCEP.

  (12) Employee misconduct registry (EMR)--The registry maintained by HHSC in accordance with Texas Health and Safety Code, Chapter 253, to record findings of reportable conduct by certain unlicensed employees.

  (13) Facility--A nursing facility that participates in Medicaid, a skilled nursing facility that participates in Medicare, or a nursing facility that participates in both Medicaid and Medicare.

  (14) Facility-based NATCEP--A NATCEP offered by or in a facility.

  (15) General supervision--Guidance and ultimate responsibility for another person in the performance of certain acts.

  (16) HHSC--The Texas Health and Human Services Commission or its designee.

  (17) Infection control--Principles and practices that prevent or stop the spread of infections in the facility setting.

  (18) Informal Review (IR)--An opportunity for a nurse aide to dispute a finding of misconduct by providing testimony and supporting documentation to an impartial HHSC staff person.

  (19) Licensed health professional--A person licensed to practice healthcare in the state of Texas including:

    (A) a physician;

    (B) a physician assistant;

    (C) a physical, speech, or occupational therapist;

    (D) a physical or occupational therapy assistant;

    (E) a registered nurse;

    (F) a licensed vocational nurse; or

    (G) a licensed social worker.

  (20) Licensed nurse--A registered nurse or licensed vocational nurse.

  (21) Licensed vocational nurse (LVN)--An individual licensed by the Texas Board of Nursing to practice as a licensed vocational nurse.

  (22) Military service member--A person who is on active duty.

  (23) Military spouse--A person who is married to a military service member.

  (24) Military veteran--A person who has served on active duty and who was discharged or released from active duty.

  (25) Misappropriation of resident property--The deliberate misplacement, exploitation, or wrongful, temporary or permanent use of a resident's belongings or money without the resident's consent.

  (26) Neglect--The failure to provide goods and services necessary to avoid physical harm, mental anguish, or mental illness.

  (27) Non-facility-based NATCEP--A NATCEP not offered by or in a facility.

  (28) Nurse aide--An individual who provides nursing or nursing-related services to residents in a facility under the supervision of a licensed nurse and who has successfully completed a NATCEP or has been determined competent by waiver or reciprocity. This term does not include an individual who is a licensed health professional or a registered dietitian or who volunteers services without monetary compensation.

  (29) Nurse Aide Registry (NAR)--A listing of nurse aides, maintained by HHSC, that indicates if a nurse aide has active status, revoked status, or is unemployable based on a finding of having committed an act of abuse, neglect, or misappropriation of resident property.

  (30) Nurse aide training and competency evaluation program (NATCEP)--A program approved by HHSC to train and evaluate an individual's ability to work as a nurse aide in a facility.

  (31) Nurse aide training and competency evaluation program (NATCEP) application--A HHSC form used to request HHSC initial approval to offer a NATCEP, to renew approval to offer a NATCEP, or to request HHSC approval of changed information in an approved NATCEP application.

  (32) Nursing services--Services provided by nursing personnel that include, but are not limited to:

    (A) promotion and maintenance of health;

    (B) prevention of illness and disability;

    (C) management of health care during acute and chronic phases of illness;

    (D) guidance and counseling of individuals and families; and

    (E) referral to other health care providers and community resources when appropriate.

  (33) Performance record--An evaluation of a trainee's performance of major duties and skills taught by a NATCEP.

  (34) Person--A corporation, organization, partnership, association, natural person, or any other legal entity that can function legally.

  (35) Personal protective equipment (PPE)--Specialized clothing or equipment, worn by an employee for protection against infectious materials.

  (36) Program director--An individual who is approved by HHSC and meets the requirements in §556.5(a) of this chapter (relating to Program Director, Program Instructor, Supplemental Trainers, and Skills Examiner Requirements).

  (37) Program instructor--An individual who is approved by HHSC to conduct the training in a NATCEP and who meets the requirements in §556.5(b) of this chapter.

  (38) Resident--An individual accepted for care or residing in a facility.

  (39) Registered nurse (RN)--An individual licensed by the Texas Board of Nursing to practice professional nursing.

  (40) Skills examiner--An individual who is approved by HHSC and meets the requirements in §556.5(d) of this chapter.

  (41) Trainee--An individual who is enrolled in and attending, but has not completed, a NATCEP.

Source Note: The provisions of this §556.2 adopted to be effective September 24, 2018, 43 TexReg 6326; amended to be effective August 8, 2021, 46 TexReg 4693

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