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 10/19/2007
ACTION Proposed
Preamble No Rule Available

    (D)evaluation of the plan of care.

   (81)Recovery--Activities implemented during and after a disaster response designed to return an agency to its normal operations as quickly as possible.

  (82) [(76)] Registered nurse (RN)--A person who is currently licensed under the Nursing Practice Act, Occupations Code, Chapter 301, as a registered nurse.

  (83) [(77)] 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).

  (84) [(78)] Residence--A place where a person resides, including a home, a nursing facility, a convalescent home, or a residential unit.

  (85) [(79)] 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.

  (86) [(80)] Respiratory therapist--A person who is currently licensed under Occupations Code, Chapter 604, as a respiratory care practitioner.

  (87) [(81)] 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.

   (88)Response--Actions taken immediately before an impending disaster or during and after a disaster to address the immediate and short-term effects of the disaster.

  (89) [(82)] Section--A reference to a specific rule in this chapter.

  (90) [(83)] Service area--A geographic area established by an agency in which all or some of the agency's services are available.

  (91) [(84)] Skilled services--Services in accordance with a plan of care that require the skills of:

    (A)a registered nurse;

    (B)a licensed vocational nurse;

    (C)a physical therapist;

    (D)an occupational therapist;

    (E)a respiratory therapist;

    (F)a speech-language pathologist;

    (G)an audiologist;

    (H)a social worker; or

    (I)a dietitian.

  (92) [(85)] Social worker--A person who is currently licensed as a social worker under Occupations Code, Chapter 505.

  (93) [(86)] Speech-language pathologist--A person who is currently licensed as a speech-language pathologist under Occupations Code, Chapter 401.

  (94) [(87)] Statute--The Health and Safety Code, Chapter 142.

  (95) [(88)] Substantial compliance--A finding in which an agency receives no recommendation for enforcement action after a survey.

  (96) [(89)] 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.

  (97) [(90)] 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.

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

  (99) [(92)] Survey--An on-site inspection or complaint investigation conducted by 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.

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

  (101) [(94)] Unlicensed person--An individual who is not licensed as a health care professional. The term includes home health aides, medication aides permitted by DADS, and other individuals providing personal care or assistance in health services.

  (102) [(95)] 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.

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

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

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

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 October 8, 2007

TRD-200704746

Kenneth L. Owens

General Counsel

Department of Aging and Disability Services

Earliest possible date of adoption: November 18, 2007

For further information, please call: (512) 438-3734



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