The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Advanced practice nurse--A registered nurse approved by the Texas Board of Nurse Examiners to practice as an advanced practice nurse. The term includes a nurse practitioner, nurse-midwife, nurse anesthetist, and a clinical nurse specialist.

(2) Applicant--The person legally responsible for the operation of the facility, whether by lease or ownership, who seeks a license from the department.

(3) Administration of medication--The direct application of any medication by injection, inhalation, ingestion, or any other means to the body of a patient. The preparation of medication is part of the administration of medication and is the act or process of making ready a medication for administration, including the calculation of a resident's medication dosage; altering the form of the medication by crushing, dissolving, or any other method; pouring a quantity of a liquid to be ingested; reconstitution of an injectable medication; drawing an injectable medication into a syringe; preparing an intravenous admixture; or any other act required to render the medication ready for administration.

(4) AIDS--Acquired immune deficiency syndrome.

(5) Assistance with medication or treatment regimen--Aid provided to a resident who self-administers their own medication or treatment, such as reminding a resident to take a medication at the prescribed time, opening and closing a medication container, returning a medication to the proper storage area, and assisting in reordering medications from a pharmacy. Such ancillary aid shall not include administration of any medication.

(6) Bereavement--The process by which a survivor of a deceased person mourns and experiences grief.

(7) Bereavement services--Support services offered to a family during bereavement. Family includes a significant other(s).

(8) Board--The Texas Board of Health or its successor.

(9) Controlled substance--A drug, controlled substance, or immediate precursor as defined in the Texas Controlled Substance Act, Health and Safety Code, §481.002, or the Federal Controlled Substance Act of 1970, Public Law 91-513.

(10) Dangerous drugs--Any dangerous drug as defined in the Texas Dangerous Drug Act, Health and Safety Code, §483.001.

(11) Department--The Texas Department of Health or its successor.

(12) Dietitian--A person who is currently licensed by the Texas State Board of Examiners of Dietitians.

(13) Director--The director of the Health Facility Licensing and Compliance Division of the Texas Department of Health or his or her designee.

(14) Facility--A special care facility.

(15) Fast-track project--A construction project in which it is necessary to begin initial phases of construction before later phases of the construction documents are fully completed in order to establish other design conditions or because of time constraints such as mandated deadlines.

(16) Hospice services--Services, including services provided by unlicensed personnel under the delegation of a registered nurse or physical therapist, provided to a resident or resident's family as part of a coordinated program which includes palliative care for terminally ill residents and support services for a resident and a resident's family that are available 24 hours a day, seven days a week, during the last stages of illness, during death, and during bereavement; and are provided by a medically directed interdisciplinary team.

(17) Incident--An unusual or abnormal event or occurrence in, at, or affecting the facility or the residents of the facility.

(18) Licensed vocational nurse--An individual who is currently licensed as a licensed vocational nurse (LVN) by the Board of Nurse Examiners in accordance with Texas Occupations Code, Chapter 301.

(19) Local health authority--The physician having local jurisdiction to administer state and local laws or ordinances relating to public health as defined in the Health and Safety Code, Chapter 121, Subchapter B.

(20) Medical care--Care that is: (A) required for improving life span and quality of life, for comfort, for prevention and treatment of illness, and for maintenance of bodily and mental function; (B) under the continued supervision of a physician; and (C) provided by a registered nurse or licensed vocational nurse available to carry out a physician's plan of care for a resident.

(21) Nursing care--Services provided by nursing personnel as prescribed by a physician, including services to: (A) promote and maintain health; (B) prevent illness and disability; (C) manage health care during acute and chronic phases of illness, including end of life care; (D) provide guidance and counseling of individuals and families; and (E) provide referrals to physicians, other health care providers, and community resources when appropriate.

(22) Palliative care--Services that focus primarily on the reduction or abatement of physical, psychosocial, and spiritual symptoms of a terminal illness.

(23) Pharmacist--A person who is licensed to practice pharmacy by the Texas Board of Pharmacy in accordance with Texas Occupations Code, Chapter 558.

(24) Physician--An individual who is: (A) licensed as a physician by the Texas State Board of Medical Examiners in accordance with Texas Occupations Code, Chapter 155; or (B) authorized to perform medical acts under an institutional permit at a Texas postgraduate training program approved by the Accreditation Council on Graduate Medical Education, the American Osteopathic Association, or the Texas State Board of Medical Examiners.

(25) Practitioner--A physician, podiatrist, dentist, or an advanced practice nurse or physician assistant to whom a physician has delegated authority to sign a prescription order, when relating to pharmacy services.

(26) Presurvey conference--A conference held with department staff and the applicant and/or his or her representative to review licensure standards, survey documents, and facility policies and procedures and provide consultation prior to issuance of a license and the on-site licensure inspection.

(27) Registered nurse (RN)--An individual who is licensed as a registered nurse by the Board of Nurse Examiners in accordance with Texas Occupations Code, Chapter 301.

(28) Resident--An individual accepted for care in a special care facility.

(29) Residential AIDS hospice--A special care facility licensed and designated as a residential AIDS hospice in accordance with §125.35 of this title (relating to Residential AIDS Hospice Designation).

(30) Social worker--A person who is currently licensed as a social worker in accordance with Texas Occupations Code, Chapter 505.

(31) Special care facility--An institution or establishment that provides a continuum of nursing or medical care or services primarily to persons with acquired immune deficiency syndrome or other terminal illnesses. The term includes a special residential care facility.

(32) Violation--Failure to comply with the licensing statute, a rule or standard, special license provision, or an order issued by the commissioner of health or the commissioner's designee, adopted or enforced under the licensing statute.

Source Note: The provisions of this §506.2 adopted to be effective July 25, 2004, 29 TexReg 6911; transferred effective June 1, 2019, as published in the Texas Register May 17, 2019, 44 TexReg 2467