The following words and terms, when used in these sections, [ shall] have the following meanings, unless the context clearly indicates otherwise. (1) - (17)(No change.) (18)Certified agency--A home and community support services agency, or portion of the agency, that: (A) - (B)(No change.) (19) - (34)(No change.) (35)Home health service--The provision of one or more of the following health services required by an individual in a residence or independent living environment: (A) - (E)(No change.) (F)service provided by unlicensed personnel under the delegation or supervision of a licensed health professional; (G) - (H)(No change.) (36) - (54)(No change.) (55)Personal assistance services--Routine ongoing care or services required by an individual in a residence or independent living environment that enable the individual to engage in the activities of daily living or to perform the physical functions required for independent living, including respite services. The term includes: (A)personal care; (B)health-related services performed under circumstances that are defined as not constituting the practice of professional nursing by the Board of Nurse Examiners through a memorandum of understanding with DHS in accordance with Health and Safety Code, §142.016;[ ,] and (C)health-related tasks provided by unlicensed personnel under the delegation of a registered nurse or that a registered nurse determines do not require delegation. (56)Personal care--The provision of one or more of the following services required by an individual in a residence or independent living environment: (A)bathing; (B)dressing; (C)grooming; (D)feeding; (E)exercising; (F)toileting; (G)positioning; (H)assisting with self-administered medications; (I)routine hair and skin care; and (J)transfer or ambulation. (57)[(56)] Physical therapist--A person who is currently licensed under Occupations Code, Chapter 453, as a physical therapist. (58)[(57)] Physician--A person who holds a doctor of medicine or doctor of osteopathy degree and is currently licensed and practicing medicine under the laws of the state of Texas, Oklahoma, New Mexico, Arkansas, or Louisiana. (59)[(58)] Physician assistant--A person who is licensed under the Physician Assistant Licensing Act, Occupations Code, Chapter 204, as a physician assistant. (60)[(59)] Physician-delegated tasks--Tasks performed in accordance with the Medical Practice Act, Occupations Code, Chapter 157, including orders signed by a physician that [which] specify the delegated task(s), the individual to whom the task(s) is delegated, and the client's name. (61)[(60)] Place of business--An office of a home and community support services agency that maintains client records or directs home health, hospice, or personal assistance services. The term does not include an administrative support site. (62)[(61)] Plan of care--The written orders of a practitioner for a client who requires skilled services. (63)[(62)] Practitioner--A person who is currently licensed in a state in which the person practices as a physician, dentist, podiatrist, or a physician assistant, or a person who is a registered nurse registered with the Board of Nurse Examiners for the State of Texas as an advanced practice nurse. (64)[(63)] Presurvey conference--A conference held with DHS staff and the applicant or his or her representatives to review licensure standards and survey documents, and to provide consultation before [prior to] the on-site licensure survey. (65)[(64)] Progress note--A dated and signed written notation by agency personnel summarizing facts about care and the client's response during a given period of time. (66)[(65)] Psychoactive treatment--The provision of a skilled nursing visit to a client with a psychiatric diagnosis under the direction of a physician that includes one or more of the following: (A)assessment of alterations in mental status or evidence of suicide ideation or tendencies; (B)teaching coping mechanisms or skills; (C)counseling activities; or (D)evaluation of the plan of care. (67)[(66)] Registered nurse (RN)--A person who is currently licensed under the Nursing Practice Act, Occupations Code, Chapter 301, as a registered nurse. (68)[(67)] Registered nurse delegation--Delegation by a registered nurse in accordance with: (A)22 TAC, Chapter 224 (concerning Delegation of Nursing Tasks by Registered Professional Nurses to Unlicensed Personnel for Clients with Acute Conditions or in Acute Care Environments); and (B)22 TAC, Chapter 225 (relating to RN Delegation to Unlicensed Personnel and Tasks Not Requiring Delegation in Independent Living Environments for Clients with Stable and Predictable Conditions). (69)[(68)] Residence--A place where a person resides and includes a home, a nursing facility, a convalescent home, or a residential unit. (70)[(69)] Residential unit--A facility that provides living quarters and hospice services to clients admitted into the unit and that is in compliance with standards adopted under the Health and Safety Code, Chapter 142. (71)[(70)] Respiratory therapist--A person who is currently licensed under Occupations Code, Chapter 604, as a respiratory care practitioner. (72)[(71)] Respite services--Support options that are provided temporarily for the purpose of relief for a primary caregiver in providing care to individuals of all ages with disabilities or at risk of abuse or neglect. (73)[(72)] Section--A reference to a specific rule in [Chapter 97 of] this chapter [ title (concerning Licensing Standards for Home and Community Support Services Agencies)]. (74)[(73)] Service area--The geographic area(s) established by an agency in which all or some of the agency's services are available. (75)[(74)] Skilled services--Services in accordance with a plan of care that require the skills of a: (A)registered nurse; (B)licensed vocational nurse; (C)physical therapist; (D)occupational therapist; (E)respiratory therapist; (F)speech-language pathologist; (G)audiologist; (H)social worker; or (I)dietitian. (76)[(75)] Social worker--A person who is currently licensed as a social worker under Occupations Code, Chapter 505. (77)[(76)] Speech-language pathologist--A person who is currently licensed as a speech-language pathologist under Occupations Code, Chapter 401. (78)[(77)] Statute--The Health and Safety Code, Chapter 142. (79)[(78)] Supervising nurse--The person responsible for supervising skilled services provided by an agency and who has the qualifications described in §97.244(b) of this chapter [ title] (relating to Staffing Qualifications and Conditions). This person may also be known as the director of nursing or similar title. (80)[(79)] 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. (81)[(80)] Support services--Social, spiritual, and emotional care provided to a client and a client's family by a hospice. (82)[(81)] Survey--An inspection or investigation conducted by a DHS representative to determine if a licensee is in compliance with the statute and this chapter. (83)[(82)] Terminal illness--An illness for which there is a limited prognosis if the illness runs its usual course. (84)[(83)] Unlicensed person--An individual who is not licensed as a health care professional. The term includes, but is not limited to, home health aides, medication aides permitted by DHS, and other individuals providing personal care or assistance in health services. (85)[(84)] Volunteer--An individual who provides assistance to a home and community support services agency without compensation other than reimbursement for actual expenses.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on August 8, 2003
TRD-200304895 Paul
Leche
General Counsel, Legal Services
Texas Department of Human Services
Earliest possible date of adoption: September 21, 2003
For further information, please call: (512) 438-3734
|
