(94)[(90)] 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. This term includes a parent agency, a branch office, and
an alternate delivery site. The term does not include an administrative
support site.
(95)[(91)] Plan of care--The
written orders of a practitioner for a client who requires skilled
services.
(96)[(92)] 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 Texas Board
of Nursing as an advanced practice nurse.
(97)[(93)] Preparedness--Actions
taken in anticipation of a disaster.
(98)[(94)] Presurvey conference--A
conference held with DADS staff and the applicant or the applicant's
representatives to review licensure standards and survey documents,
and to provide consultation before the survey.
(99)[(95)] 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.
(100)[(96)] 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) - (D) (No change.)
(101)[(97)] Recovery--Activities
implemented during and after a disaster response designed to return
an agency to its normal operations as quickly as possible.
(102)[(98)] Registered nurse
delegation--Delegation by a registered nurse in accordance with:
(A) - (B) (No change.)
(103)[(99)] Residence--A place
where a person resides, including a home, a nursing facility, a convalescent
home, or a residential unit.
(104)[(100)] 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 Texas Health and Safety Code, Chapter 142.
(105)[(101)] Respiratory therapist--A
person who is currently licensed under Texas Occupations Code, Chapter
604, as a respiratory care practitioner.
(106)[(102)] 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.
(107)[(103)] 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.
(108)[(104)] Restraint--A restraint
is:
(A) - (B)(No change.)
(109)[(105)] RN--Registered
nurse. A person who is currently licensed under the Nursing Practice
Act, Texas Occupations Code, Chapter 301, as a registered nurse.
(110)[(106)] Seclusion--The
involuntary confinement of a client alone in a room or an area in
a hospice inpatient unit from which the client is physically prevented
from leaving.
(111)[(107)] Section--A reference
to a specific rule in this chapter.
(112)[(108)] Service area--A
geographic area established by an agency in which all or some of the
agency's services are available.
(113)[(109)] Skilled services--Services
in accordance with a plan of care that require the skills of:
(A) - (I)(No change.)
(114)[(110)] Social worker--A
person who is currently licensed as a social worker under Texas Occupations
Code, Chapter 505.
(115)[(111)] Speech-language
pathologist--A person who is currently licensed as a speech-language
pathologist under Texas Occupations Code, Chapter 401.
(116)[(112)] Statute--The Texas
Health and Safety Code, Chapter 142.
(117)[(113)] Substantial compliance--A
finding in which an agency receives no recommendation for enforcement
action after a survey.
(118)[(114)] Supervised practical
training--Hospice aide training that is conducted in a laboratory
or other setting in which the trainee demonstrates knowledge while
performing tasks on an individual. The training is supervised by a
registered nurse or by a licensed vocational nurse who works under
the direction of a registered nurse.
(119)[(115)] 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.
(120)[(116)] 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.
(121)[(117)] Support services--Social,
spiritual, and emotional care provided to a client and a client's
family by a hospice.
(122)[(118)] 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.
(123)[(119)] Terminal illness--An
illness for which there is a limited prognosis if the illness runs
its usual course.
(124)[(120)] Unlicensed person--A
person not licensed as a health care provider. The term includes home
health aides, hospice aides, hospice homemakers, medication aides
permitted by DADS, and other unlicensed individuals providing personal
care or assistance in health services.
(125)[(121)] 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.
(126)[(122)] Violation--A finding
of noncompliance with this chapter or the statute resulting from a
survey.
(127)[(123)] Volunteer--An individual
who provides assistance to a home and community support services agency
without compensation other than reimbursement for actual expenses.
(128)[(124)] Working day--Any
day except Saturday, Sunday, a state holiday, or a federal holiday.
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 21, 2017
TRD-201701214 Lawrence Hornsby
General Counsel
Department of Aging and Disability Services
Earliest possible date of adoption: May 7, 2017
For further information, please call: (512) 438-5502
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