(D)evaluation of the plan of care. (68) [(66)] Registered nurse (RN)--A person who is currently licensed under the Nursing Practice Act, Occupations Code, Chapter 301, [Texas Civil Statutes, Article 4513 et seq. ] as a registered nurse. (69) [(67)] Registered nurse delegation--Delegation by a registered nurse in accordance with 22 TAC Chapter 218 [ §§218.1-218.11] (concerning Delegation of Selected Nursing Tasks by Registered Professional Nurses to Unlicensed Personnel). (70) [(68)] Residence--A place where a person resides and includes a home, a nursing facility, a convalescent home, [an independent living environment], or a residential unit. [ A residence includes a group or a foster home.] (71) [(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 [Texas Special Care Facility Licensing Act, Health and Safety Code, Chapter 248]. (72) [(70)] Respiratory therapist--A person who is currently licensed under Occupations Code, Chapter 604 [Texas Civil Statutes, Article 4512l], as a respiratory care practitioner. (73) [(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. [Respite services may be provided under home health, hospice, or personal assistance services depending on the needs of the client.] (74) [(72)] Section [ Sections]--A reference to a specific rule in Chapter 97 of this title (concerning Licensing Standards for Home and Community Support Services Agencies [Agency]). (75) [(73)] Service area--The geographic area(s) established by an agency in which all or some of the agency's services are available. (76) [(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, occupational, or respiratory therapist; (D)speech-language pathologist; (E)audiologist; (F)social worker; or (G)dietitian. (77) [(75)] Social worker--A person who is currently licensed as a social worker under Occupations Code, Chapter 505 [Human Resource Code, Chapter 50]. (78) [(76)] Speech-language pathologist--A person who is currently licensed under [the] Occupations Code, Chapter 401 [Texas Civil Statutes, Article 4512j], as a speech-language pathologist. (79) [(77)] Statute--The Health and Safety Code, Chapter 142. (80) [(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 title (relating to Staffing Qualifications and Conditions) [§97.21(b)(3)(C) of this title (relating to Licensure Requirements and Standards for Agencies Providing Licensed Home Health, Licensed and Certified Home Health, or Hospice Services)]. This person may also be known as the director of nursing or similar title. (81) [(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. (82) [(80)] Support services--Social, spiritual, and emotional care provided to a client and a client's family by a hospice. (83) [(81)] Survey--An inspection or investigation conducted by a DHS representative [of the department ] to determine if a licensee is in compliance with the statute and this chapter. [A survey may be conducted onsite, by mail, by telephone or by electronic communication methods.] (84) [(82)] Terminal illness--An illness for which there is a limited prognosis if the illness runs its usual course. (85) [(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 [the department], and other individuals providing personal care or assistance in health services. (86) [(84)] Volunteer--An individual who provides assistance to a home and community support services agency without compensation other than reimbursement for actual expenses. [A volunteer must meet the same requirements and standards in this chapter as apply to an employee of the agency doing the same activities unless the volunteer is exempt under this chapter from certain requirements or standards.]
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 April 16, 2001
TRD-200102148 Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Earliest possible date of adoption: May 27, 2001
For further information, please call: (512) 438-3108
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