The term "convalescent nursing home" or "extended care facility" shall be defined in relation to its status, facilities, and available services.
  (1) Except as provided in these sections, a definition of such home or facility may not be more restrictive than one requiring that it:
    (A) be an institution licensed and operated pursuant to law; and
    (B) be primarily engaged in providing, in addition to room and board accommodations, skilled nursing care under the supervision of a duly licensed physician; and
    (C) provide continuous 24 hours a day nursing service by or under the supervision of a registered graduate professional nurse (RN); and
    (D) maintain a daily medical record on each patient.
  (2) The definition of such home or facility, except where prohibited by law, may exclude:
    (A) any home, facility or part thereof used primarily for rest; or
    (B) a home or facility primarily for the aged or for the care of drug addicts or alcoholics; or
    (C) a home or facility primarily used for the care and treatment of tuberculosis, mental diseases or disorders or custodial or education care.

Source Note: The provisions of this §3.3007 adopted to be effective January 26, 1977, 2 TexReg 159.