(a) The level of care that the resident requires determines the facility's occupancy classification.
(b) A new facility shall be classified into one of the following two occupancy classifications:
  (1) Limited care facility (LCF). A LCF provides medical and nursing care, treatment and other services to residents who require staff attendance and supervision, including staff assistance to evacuate the facility. These residents are not able to participate in fire drills because they are either physically unable to respond to the fire alarm or they are incapable of following directions under emergency conditions.
  (2) Residential board and care facility (RBCF). A RBCF provides medical and nursing care, treatment and other services for residents who do not require routine or continuous staff attendance and supervision, and are physically and mentally able to evacuate the facility. These residents must be able to participate in fire drills, be able to transfer and evacuate themselves and be capable of following directions under emergency conditions. A RBCF is further classified as either small or large.
    (A) A small RBCF provides sleeping accommodations for up to 16 residents.
    (B) A large RBCF provides sleeping accommodations for more than 16 residents.
(c) New applicants shall identify the classification of the facility at the time the license application is submitted.
(d) A licensed special care facility which was licensed prior to the effective date of these rules is considered to be an existing facility and is not required to identify or specify their occupancy classification.

Source Note: The provisions of this §506.3 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