TX Health & Safety Code § 247.002 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 247 - Assisted Living Facilities|Subchapter A. General Provisions|Section 247.002. Definitions

Sec. 247.002.  DEFINITIONS.  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 Section 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.|Added by Acts 1991, 72nd Leg., ch. 14, Sec. 114, eff. Sept. 1, 1991.  Amended by Acts 1991, 72nd Leg., ch. 637, art. 2, Sec. 1, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 608, Sec. 2, eff. Aug. 30, 1993;  Acts 1995, 74th Leg., ch. 76, Sec. 8.092, eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 233, Sec. 1, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 1248, Sec. 1, eff. Sept. 1, 2001.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1106 (H.B. 216), Sec. 2, eff. September 1, 2009.Acts 2011, 82nd Leg., 1st C.S., Ch. 7 (S.B. 7), Sec. 1.08(a), eff. September 28, 2011.Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0696, eff. April 2, 2015.Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0697, eff. April 2, 2015.Acts 2019, 86th Leg., R.S., Ch. 298 (H.B. 3329), Sec. 1, eff. September 1, 2019.|