Texas Register

TITLE 40 SOCIAL SERVICES AND ASSISTANCE
PART 1DEPARTMENT OF AGING AND DISABILITY SERVICES
CHAPTER 97LICENSING STANDARDS FOR HOME AND COMMUNITY SUPPORT SERVICES AGENCIES
SUBCHAPTER AGENERAL PROVISIONS
RULE §97.2Definitions
ISSUE 10/06/2017
ACTION Proposed
Preamble No Rule Available

  (120)[(119)] Supervising nurse--The person responsible for supervising skilled services provided by an agency and who has the qualifications described in §97.244(c) of this chapter (relating to Administrator Qualifications and Conditions and Supervising Nurse Qualifications). This person may also be known as the director of nursing or similar title.

  (121)[(120)] Supervision--Authoritative procedural guidance by a qualified person for the accomplishment of a function or activity with initial direction and periodic inspection of the actual act of accomplishing the function or activity.

  (122)[(121)] Support services--Social, spiritual, and emotional care provided to a client and a client's family by a hospice.

  (123)[(122)] Survey--An on-site inspection or complaint investigation conducted by an HHSC [ a DADS] representative to determine if an agency is in compliance with the statute and this chapter or in compliance with applicable federal requirements or both.

  (124)[(123)] Terminal illness--An illness for which there is a limited prognosis if the illness runs its usual course.

  (125)[(124)] Unlicensed person--A person not licensed as a health care provider. The term includes home health aides, hospice aides, hospice homemakers, medication aides permitted by DADS, and other unlicensed individuals providing personal care or assistance in health services.

  (126)[(125)] Unsatisfied judgments--A failure to fully carry out the terms or meet the obligation of a court's final disposition on the matters before it in a suit regarding the operation of an agency.

  (127)[(126)] Violation--A finding of noncompliance with this chapter or the statute resulting from a survey.

  (128)[(127)] Volunteer--An individual who provides assistance to a home and community support services agency without compensation other than reimbursement for actual expenses.

  (129)[(128)] Working day--Any day except Saturday, Sunday, a state holiday, or a federal holiday.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on September 21, 2017

TRD-201703727

Karen Ray

Chief Counsel

Department of Aging and Disability Services

Earliest possible date of adoption: November 5, 2017

For further information, please call: (512) 438-3791



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