The following words and terms, when used in this chapter, have
the following meanings unless the context clearly indicates otherwise.
(1) - (6)(No change.)
(7)Applicant--A person who applies for a license to
operate a center under THSC Chapter 248A and this chapter. The
applicant is the person in whose name DADS issues the license.
(8) - (12)(No change.)
(13)Change of ownership--An event
that occurs when a center’s license holder has a different federal
taxpayer identification number than a prospective license holder’s
federal taxpayer identification number, except that the substitution
of a personal representative for a deceased license holder is not
a change of ownership.
(14)[(13)] Chemical restraint--The
use of any chemical, including pharmaceuticals, through topical application,
oral administration, injection, or other means, to restrict the free
movement of all or a portion of a minor's body for the purpose of
modifying or controlling the minor's behavior and which is not a standard
treatment for a minor's medical or psychosocial condition.
(15)[(14)] Chief financial officer--An
individual who is responsible for supervising and managing all financial
activities for a center.
(16)[(15)] Clinical note--A
notation of a contact with a minor or a minor's family member that
is written and dated by any staff providing services on behalf of
a center and that describes signs and symptoms of the minor, and treatments
and medications administered to the minor, including the minor's reaction
or response, and any changes in physical, emotional, psychosocial,
or spiritual condition of the minor during a given period of time.
(17)[(16)] Commission--The Texas
Health and Human Services Commission.
(18)[(17)] Commissioner--The
commissioner of DADS [the Department of Aging and
Disability Services (DADS)].
(19)[(18)] Community disaster
resources--A local, statewide, or nationwide emergency system that
provides information and resources during a disaster, including weather
information, transportation, evacuation and shelter information, disaster
assistance and recovery efforts, evacuee and disaster victim resources,
and resources for locating evacuated friends and relatives.
(20)[(19)] Complaint--An allegation
against a center or involving services provided at a center that involves
a violation of this chapter or THSC Chapter 248A.
(21)[(20)] Continuous face-to-face
observation--Maintaining an in-person line of sight of a minor that
is uninterrupted and free from distraction.
(22)[(21)] Contractor--An individual
providing services ordered by a prescribing physician on behalf of
a center that the center would otherwise provide by its employees.
(23)[(22)] Controlling person--A
person who has the ability, acting alone or in concert with others,
to directly or indirectly influence, direct, or cause the direction
of the management of, expenditure of money for, or policies of a center
or other person.
(A) - (C)(No change.)
(24)[(23)] Conviction--An adjudication
of guilt based on a finding of guilt, a plea of guilty, or a plea
of nolo contendere.
(25)[(24)] DADS--Department
of Aging and Disability Services or its successor agency.
(26)[(25)] Daily census--The
number of minors served at a center during a center's hours of operation
for a 24-hour period, starting at midnight.
(27)[(26)] Day--A calendar day,
unless otherwise specified in the text. A calendar day includes Saturday,
Sunday, and a holiday.
(28)[(27)] Dietitian--A person
who has a valid license under the Licensed Dietitian Act, Texas Occupations
Code, Chapter 701, as a licensed dietitian or provisional licensed
dietitian, or who is registered as a dietitian by the Commission on
Dietetic Registration of the American Dietetic Association.
(29)Direct ownership interest--Ownership
of equity in the capital, stock, or profits of, or a membership interest
in, an applicant or license holder.
(30)Disclosable interest--Five percent
or more direct or indirect ownership interest in an applicant or license
holder.
(31)[(28)] Emergency situation--An
impending or actual situation that:
(A) - (D)(No change.)
(32)[(29)] Executive commissioner--The
executive commissioner of the Texas Health and Human Services Commission.
(33)[(30)] Functional assessment--An
evaluation of a minor's abilities, wants, interests, and needs related
to self-care, communication skills, social skills, motor skills, play
with toys or objects, growth, and development appropriate for age.
(34)[(31)] Health care provider--An
individual or facility licensed, certified, or otherwise authorized
to administer health care in the ordinary course of business or professional
practice.
(35)[(32)] Health care setting--A
location at which licensed, certified, or otherwise regulated health
care is administered.
(36)[(33)] IDT--Interdisciplinary
team. Individuals who work together to meet the medical, nursing,
psychosocial, and developmental needs of a minor and a minor's parent's
training needs.
(37)[(34)] Inactive medical
record--A record for a minor who was admitted by a center to receive
services and was subsequently discharged by the center.
(38)Indirect ownership interest--Any
ownership or membership interest in a person that has a direct ownership
interest in an applicant or license holder.
(39)[(35)] Inspection--An on-site
examination or audit of a center by DADS to determine compliance with
THSC Chapter 248A and this chapter.
(40)[(36)] Isolation--The involuntary
confinement of a minor in a room of a center for the purposes of infection
control, assessment, and observation away from other minors in a room
at the center. When in isolation, a minor is physically prevented
from contact with other minors.
(41)[(37)] Joint training--Training
provided by DADS to service providers and DADS inspectors on subjects
that address the 10 most commonly cited violations of state law governing
centers, as published in DADS annual reports. DADS determines the
frequency of joint training.
(42)[(38)] License--A license
to operate a center issued by DADS under THSC Chapter 248A and this
chapter. The term includes initial, renewal, and temporary licenses
unless specifically stated otherwise.
(43)[(39)] Licensed assistant
in speech-language pathology--A person who has a valid license under
Texas Occupations Code, Chapter 401, as a licensed assistant in speech-language
pathology and who provides speech language support services under
the supervision of a licensed speech-language pathologist.
(44)License holder--A person that
holds a license to operate a center under THSC Chapter 248A and this
chapter.
(45)[(40)] Licensed vocational
nurse--LVN. A person who has a valid license under Texas Occupations
Code, Chapter 301, as a licensed vocational nurse.
(46)[(41)] Life Safety Code--A
publication of the National Fire Protection Association (NFPA), also
known as NFPA 101, 2000 edition.
(47)[(42)] Local emergency management
agencies--The local emergency management coordinator, fire, police,
and emergency medical services.
(48)[(43)] Local emergency management
coordinator--The person identified as the emergency management coordinator
by the mayor or county judge for the geographical area in which a
center is located.
(49)[(44)] Mechanical restraint--The
use of any mechanical device, material, or equipment to restrict the
free movement of all or a portion of a minor's body for the purpose
of modifying or controlling the minor's behavior.
(50)[(45)] Medical director--A
physician who has the qualifications described in §15.307 of
this chapter (relating to Medical Director Qualifications and Conditions)
and has the responsibilities described in §15.308 of this chapter
(relating to Medical Director Responsibilities).
(51)[(46)] Medical record--A
record composed first-hand for a minor who has or is receiving services
at a center.
(52)[(47)] Medically dependent
or technologically dependent--The condition of an individual who,
because of an acute, chronic, or intermittent medically complex or
fragile condition or disability, requires ongoing, technology-based
skilled nursing care prescribed by a physician to avert death or further
disability, or the routine use of a medical device to compensate for
a deficit in a life-sustaining body function. The term does not include
a controlled or occasional medical condition that does not require
continuous nursing care, including asthma or diabetes, or a condition
that requires an epinephrine injection.
(53)[(48)] Medication administration
record--A record used to document the administration of a minor's
medications and pharmaceuticals.
(54)[(49)] Medication list--A
list that includes all prescriptions, over-the-counter pharmaceuticals,
and supplements that a minor is prescribed or taking, including the
dosage, preparation, frequency, and the method of administration.
(55)[(50)] Minor--An individual
younger than 21 years of age who is medically dependent or technologically
dependent.
(56)[(51)] Mitigation--An action
taken to eliminate or reduce the probability of an emergency or public
health emergency, or reduce an emergency's severity or consequences.
(57)[(52)] Nursing director--The
individual responsible for supervising skilled services provided at
a center and who has the qualifications described in §15.309
of this chapter (relating to the Nursing Director and Alternate Nursing
Director Qualifications and Conditions).
(58)[(53)] Nutritional counseling--Advising
and assisting an adult minor or a minor's parent or family on appropriate
nutritional intake by integrating information from a nutrition assessment
with information on food and other sources of nutrients and meal preparation
consistent with cultural background and socioeconomic status, with
the goal being health promotion, disease prevention, and nutrition
education. The term includes:
(A) - (E)(No change.)
(59)[(54)] Occupational therapist--A
person who has a valid license under Texas Occupations Code, Chapter
454, as an occupational therapist.
(60)[(55)] Occupational therapy
assistant--A person who has a valid license under Texas Occupations
Code, Chapter 454, as an occupational therapy assistant who assists
in the practice of occupational therapy under the general supervision
of an occupational therapist.
(61)[(56)] Operating hours--The
days of the week and the hours of day a center is open for services
to a minor as identified in a center's written policy as required
by §15.201 of this chapter (relating to Operating Hours).
(62)[(57)] Overnight--The hours
between 9:00 p.m. and 5:00 a.m. during the days of the week a center
operates.
(63)[(58)] Over-the-counter
pharmaceuticals--A drug or formulary for which a physician's prescription
is not needed for purchase or administration.
(64)[(59)] Parent--A person
authorized by law to act on behalf of a minor with regard to a matter
described in this chapter. The term includes:
(A) - (D)(No change.)
(65)[(60)] Parent company--A
person, other than an individual, who has a direct 100 percent ownership
interest in the owner of a center.
(66)[(61)] Person--An individual,
firm, partnership, corporation, association, or joint stock association,
and the legal successor thereof.
[(62)Person with a disclosable interest--A
person who owns at least a five percent interest in any corporation,
partnership, or other business entity that is required to be licensed
under THSC Chapter 248A. A person with a disclosable interest does
not include a bank, savings and loan, savings bank, trust company,
building and loan association, credit union, individual loan and thrift
company, investment banking firm, or insurance company, unless these
entities participate in the management of the center.]
(67)[(63)] Personal care services--Services
required by a minor, including:
(A) - (O)(No change.)
(68)[(64)] Pharmaceuticals--Of
or pertaining to drugs, including over-the-counter drugs and those
requiring a physician's prescription for purchase or administration.
(69)[(65)] Pharmacist--A person
who is licensed to practice pharmacy under Texas Occupations Code,
Chapter 558.
(70)[(66)] Pharmacy--A facility
at which a prescription drug or medication order is received, processed,
or dispensed as defined in Texas Occupations Code §551.003.
(71)[(67)] Physical restraint--The
use of physical force, except for physical guidance or prompting of
brief duration, that restricts the free movement of all or a portion
of a minor's body for the purpose of modifying or controlling the
minor's behavior.
(72)[(68)] Physical therapist--A
person who has a valid license under Texas Occupations Code, Chapter
453, as a physical therapist.
(73)[(69)] Physical therapist
assistant--A person who has a valid license under Texas Occupations
Code, Chapter 453, as a physical therapist assistant and:
(A) - (B)(No change.)
(74)[(70)] Physician--A person
who:
(A) - (C)(No change.)
(75)[(71)] Place of business--An
office of a center where medical records are maintained and from which
services are directed.
(76)[(72)] Plan of care--A protocol
of care.
(77)[(73)] Positive intervention--An
intervention that is based on or uses a minor's preferences as positive
reinforcement, and focuses on positive outcomes and wellness for the
minor.
(78)[(74)] Pre-licensing program
training--Computer-based training, available on DADS website, designed
to acquaint center staff with licensure standards.
(79)[(75)] Preparedness--Actions
taken in anticipation of a disaster including a public health disaster.
(80)[(76)] Prescribing physician--A
physician who is authorized to write and issue orders for services
at a center.
(81)[(77)] Progress note--A
dated and signed written notation summarizing facts about services
provided to a minor and the minor's response during a given period
of time.
(82) [(78)] Protective device--A
mechanism or treatment, including sedation, that is:
(A) - (B)(No change.)
(83)[(79)] Protocol of care--A
comprehensive, interdisciplinary plan of care that includes the medical
physician's plan of care, nursing care plan and protocols, psychosocial
needs, and therapeutic and developmental service needs required by
a minor and family served.
(84)[(80)] Psychologist--A person
who has a valid license under Texas Occupations Code, Chapter 501,
as a psychologist.
(85)[(81)] Psychosocial treatment--The
provision of skilled services to a minor under the direction of a
physician that includes one or more of the following:
(A) - (D)(No change.)
(86)[(82)] Public health disaster
declaration--A governor's announcement based on a determination by
the Department of State Health Services that there exists an immediate
threat from a communicable disease that:
(A) - (B)(No change.)
(87)[(83)] Quiet time--A behavior
management technique used to provide a minor with an opportunity to
regain self-control, where the minor enters and remains for a limited
period of time in a designated area from which egress is not prevented.
Cont'd...
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