(D)a non-parent decision-maker as authorized by Texas
Family Code §32.001.
(60)[(59)] Parent company--A
person, other than an individual, who has a direct 100 percent ownership
interest in the owner of a center.
(61)[(60)] Person--An individual,
firm, partnership, corporation, association, or joint stock association,
and the legal successor thereof.
(62)[(61)] 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.
(63)[(62)] Personal care services--Services
required by a minor, including:
(A)bathing;
(B)maintaining personal hygiene;
(C)routine hair and skin care;
(D)grooming;
(E)dressing;
(F)feeding;
(G)eating;
(H)toileting;
(I)maintaining continence;
(J)positioning;
(K)mobility and bed mobility;
(L)transfer and ambulation;
(M)range of motion;
(N)exercise; and
(O)use of durable medical equipment.
(64)[(63)] Pharmaceuticals--Of
or pertaining to drugs, including over-the-counter drugs and those
requiring a physician's prescription for purchase or administration.
(65)[(64)] Pharmacist--A person
who is licensed to practice pharmacy under Texas Occupations Code,
Chapter 558.
(66)[(65)] Pharmacy--A facility
at which a prescription drug or medication order is received, processed,
or dispensed as defined in Texas Occupations Code §551.003.
(67)[(66)] 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.
(68)[(67)] Physical therapist--A
person who has a valid license under Texas Occupations Code, Chapter
453, as a physical therapist.
(69)[(68)] 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.
(70)[(69)] 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.
(71)[(70)] Place of business--An
office of a center where medical records are maintained and from which
services are directed.
(72)[(71)] Plan of care--A protocol
of care.
(73)[(72)] 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.
(74)[(73)] Pre-licensing program
training--Computer-based training, available on DADS website, designed
to acquaint center staff with licensure standards.
(75)[(74)] Preparedness--Actions
taken in anticipation of a disaster including a public health disaster.
(76)[(75)] Prescribing physician--A
physician who is authorized to write and issue orders for services
at a center.
(77)[(76)] 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.
(78)[(77)] Protective device--A
mechanism or treatment, including sedation, that is:
(A)used:
(i)for body positioning;
(ii)to immobilize a minor during a medical, dental,
diagnostic, or nursing procedure;
(iii)to permit wounds to heal; or
(iv)for a medical condition diagnosed by a physician;
and
(B)not used as a restraint to modify or control behavior.
(79)[(78)] 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.
(80)[(79)] Psychologist--A person
who has a valid license under Texas Occupations Code, Chapter 501,
as a psychologist.
(81)[(80)] 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.
(82)[(81)] 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.
(83)[(82)] 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.
(84)[(83)] 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.
(85)[(84)] Registered nurse--RN.
A person who has a valid license under Texas Occupations Code, Chapter
301, to practice professional nursing.
(86)[(85)] Relocation--The closing
of a center and the movement of its business operations to another
location.
(87)[(86)] Respiratory therapist--A
person who has a valid license under Texas Occupations Code, Chapter
604, as a respiratory care practitioner.
(88)[(87)] 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.
(89)[(88)] Restraint--Physical
restraint, chemical restraint, or mechanical restraint.
(90)[(89)] 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).
(91)[(90)] Sedation--The act
of allaying nervous excitement by administering medication that commonly
induces the nervous system to calm. Sedation is a protective device.
(92)[(91)] Social worker--A
person who has a valid license under Texas Occupations Code, Chapter
505, as a social worker.
(93)[(92)] Speech-language pathologist--A
person who has a valid license under Texas Occupations Code, Chapter
401, as a speech-language pathologist.
(94)[(93)] Substantial compliance--A
finding in which a center receives no recommendation for enforcement
action after an inspection.
(95)[(94)] 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.
(96)[(95)] Support services--Social,
spiritual, and emotional care provided to a minor and a minor's parent
by a center.
(97)[(96)] THSC--Texas Health
and Safety Code.
(98)[(97)] Total census--The
total number of minors with active plans of care at a center.
(99)[(98)] Transition support--Planning,
coordination, and assistance to move the location of services provided
to a minor from a center to the least restrictive setting appropriate.
(100)[(99)] Violation--A finding
of noncompliance with this chapter or THSC Chapter 248A resulting
from an inspection.
(101)[(100)] 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 June 23, 2016
TRD-201603177 Lawrence Hornsby
General Counsel
Department of Aging and Disability Services
Earliest possible date of adoption: August 7, 2016
For further information, please call: (512) 438-4077
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