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(O)use of durable medical equipment. (62)Pharmaceuticals--Of or pertaining to drugs, including over-the-counter drugs and those requiring a physician's prescription for purchase or administration. (63)Pharmacist--A person who is licensed to practice pharmacy under Texas Occupations Code, Chapter 558. (64)Pharmacy--A facility at which a prescription drug or medication order is received, processed, or dispensed as defined in Texas Occupations Code §551.003. (65)Physical restraint--A physical method that a minor cannot remove easily and that restricts freedom of movement of or access to the minor's body. (66)Physical therapist--A person who has a valid license under Texas Occupations Code, Chapter 453, as a physical therapist. (67)Physical therapist assistant--A person who has a valid license under Texas Occupations Code, Chapter 453, as a physical therapist assistant and: (A)who assists and is supervised by a physical therapist in the practice of physical therapy; and (B)whose activities require an understanding of physical therapy. (68)Physician--A person who: (A)has a valid license in Texas to practice medicine or osteopathy in accordance with Texas Occupations Code, Chapter 155; (B)has a valid license in Arkansas, Louisiana, New Mexico, or Oklahoma to practice medicine, who is the treating physician of a minor, and orders services for the minor, in accordance with Texas Occupations Code, Chapter 151; or (C)is a commissioned or contract physician or surgeon who serves in the United States uniformed services or Public Health Service if the person is not engaged in private practice, in accordance with Texas Occupations Code, Chapter 151. (69)Place of business--An office of a center where medical records are maintained and from which services are directed. (70)Plan of care--A protocol of care. (71)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. (72)Pre-licensing program training--Computer-based training, available on DADS website, designed to acquaint center staff with licensure standards. (73)Preparedness--Actions taken in anticipation of a disaster including a public health disaster. (74)Prescribing physician--A physician who is authorized to write and issue orders for services at a center. (75)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. (76)Protective device--A mechanism or treatment used with the consent of an adult minor or minor's parent to immobilize a minor during medical, dental, diagnostic, or nursing procedures, to permit wounds to heal, or for a medical condition diagnosed by a physician and in accordance with the minor's plan of care and physician's orders. (77)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. (78)Psychologist--A person who has a valid license under Texas Occupations Code, Chapter 501, as a psychologist. (79)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)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 a plan of care. (80)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)poses a high risk of death or serious long-term disability to a large number of people; and (B)creates a substantial risk of public exposure because of the disease's high level of contagion or the method by which the disease is transmitted. (81)Quiet time--A behavior management technique used to provide a minor with an opportunity to regain self-control, where the minor, on the minor's own initiative, enters and remains for a limited period of time in a designated area that is separated from other minors but from which egress is not prevented. (82)Recovery--Activities implemented during and after a disaster response, including a public health disaster response, designed to return a center to its normal operations as quickly as possible. (83)Registered nurse--RN. A person who has a valid license under Texas Occupations Code, Chapter 301, to practice professional nursing. (84)Relocation--The closing of a center and the movement of its business operations to another location. (85)Respiratory therapist--A person who has a valid license under Texas Occupations Code, Chapter 604, as a respiratory care practitioner. (86)Response--Actions taken immediately before an impending disaster or during and after a disaster, including a public health disaster, to address the immediate and short-term effects of the disaster. (87)Restraint--The use of physical force, chemical restraint, or a mechanical device to significantly restrict the free movement of all or a portion of a minor's body. (88)RN delegation--Delegation of tasks by an RN in accordance with 22 TAC Chapter 224 (relating to Delegation of Nursing Tasks by Registered Professional Nurses to Unlicensed Personnel for Clients with Acute Conditions or in Acute Care Environments). (89)Sedation--The act of allaying nervous excitement of a minor by administration of medication that commonly induces the nervous system to calm. This is considered a chemical restraint. (90)Social worker--A person who has a valid license under Texas Occupations Code, Chapter 505, as a social worker. (91)Speech-language pathologist--A person who has a valid license under Texas Occupations Code, Chapter 401, as a speech-language pathologist. (92)Substantial compliance--A finding in which a center receives no recommendation for enforcement action after an inspection. (93)Supervision--Authoritative procedural guidance by a qualified person that instructs another person and assists in accomplishing a function or activity. Supervision includes initial direction and periodic inspection of the actual act of accomplishing the function or activity. (94)Support services--Social, spiritual, and emotional care provided to a minor and a minor's parent by a center. (95)THSC--Texas Health and Safety Code. (96)Timeout--A behavior management technique used to provide a minor with an opportunity to regain self-control, where the minor is separated from other minors for a limited period in a setting from which egress is not prevented. (97)Total census--The total number of minors with active plans of care at a center. (98)Violation--A finding of noncompliance with this chapter or THSC Chapter 248A resulting from an inspection. (99)Volunteer--An individual who provides assistance to a center without compensation other than reimbursement for actual expenses.
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 March 24, 2014
TRD-201401276 Lorri Haden
Acting General Counsel
Department of Aging and Disability Services
Earliest possible date of adoption: May 4, 2014
For further information,
please call: (512) 438-4162
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