Texas Health and Safety Code 247.002 – Definitions
Terms Used In Texas Health and Safety Code 247.002
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Oversight: Committee review of the activities of a Federal agency or program.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Rule: includes regulation. See Texas Government Code 311.005
In this chapter:
(1) “Assisted living facility” means an establishment that:
(A) furnishes, in one or more facilities, food and shelter to four or more persons who are unrelated to the proprietor of the establishment;
(B) provides:
(i) personal care services; or
(ii) administration of medication by a person licensed or otherwise authorized in this state to administer the medication;
(C) may provide assistance with or supervision of the administration of medication;
(D) may provide skilled nursing services for the following limited purposes:
(i) coordination of resident care with outside home and community support services agencies and other health care professionals;
(ii) provision or delegation of personal care services and medication administration as described by this subdivision;
(iii) assessment of residents to determine the care required; and
(iv) for periods of time as established by department rule, delivery of temporary skilled nursing treatment for a minor illness, injury, or emergency; and
(E) may provide health maintenance activities as defined by rule by the Texas Board of Nursing.
(2) “Commission” means the Health and Human Services Commission.
(2-a) “Commissioner” means the commissioner of aging and disability services.
(3) “Controlling person” means a person who controls an assisted living facility or other person as described by § 247.005.
(4) “Department” means the Department of Aging and Disability Services.
(4-a) “Executive commissioner” means the executive commissioner of the Health and Human Services Commission.
(5) “Personal care services” means:
(A) assistance with feeding, dressing, moving, bathing, or other personal needs or maintenance; or
(B) general supervision or oversight of the physical and mental well-being of a person who needs assistance to maintain a private and independent residence in an assisted living facility or who needs assistance to manage the person’s personal life, regardless of whether a guardian has been appointed for the person.
(6) “Qualified religious society” means a church, synagogue, or other organization or association that is organized primarily for religious purposes and that:
(A) has been in existence in this state for at least 35 years; and
(B) does not distribute any of its income to its members, officers, or governing body other than as reasonable compensation for services or reimbursement of expenses.