Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 555 - NURSING FACILITY ADMINISTRATORS › Subchapter A - GENERAL INFORMATION › Section 555.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The words and terms in this chapter have the following
					 meanings, unless the context clearly indicates otherwise:
(1) Abuse--Negligent or willful infliction of
				  injury, unreasonable confinement, intimidation, or punishment with resulting
				  physical or emotional harm or pain to a resident; or sexual abuse, including
				  involuntary or nonconsensual sexual conduct that would constitute an offense
				  under Texas Penal Code §
										21.08 (relating to
				  Indecent Exposure) or Texas Penal Code Chapter 22 (relating to Assaultive
				  Offenses), sexual harassment, sexual coercion, or sexual assault.
(2) Active duty--Current full-time military
				  service in the armed forces of the United States or as a member of the Texas
				  military forces, as defined in Texas Government Code §
										437.001, or similar
				  military service of another state.
(3) Administrator-in-training (AIT)--[]A
				  person undergoing an internship under a HHSC-approved certified
				  preceptor.
(4) Administrator of
				  Record--The individual who is listed as the facility's licensed nursing
				  facility administrator with the HHSC Licensing and Credentialing
				  Section.
(5) Applicant--A person
				  applying for a Texas nursing facility administrator (NFA) license.
(6) Armed forces of the United States--The
				  Army, Navy, Air Force, Coast Guard, Space Force, or Marine Corps of the United
				  States, including reserve units of those military branches.
(7) Complaint--An allegation that an NFA
				  violated one or more of the licensure rules or statutory
				  requirements.
(8) Domains of the
				  National Association of Long Term Care Administrator Boards (NAB)--The four
				  categories for education and continuing education of the NAB, which are care,
				  services, and supports; operations; environment and quality; and leadership and
				  strategy.
(9) Formal hearing--A
				  hearing held by the State Office of Administrative Hearings to adjudicate a
				  sanction taken by HHSC against an NFA.
(10) Good standing--In Texas an NFA is in
				  good standing if the NFA is in compliance with the rules in this chapter and,
				  if applicable, the terms of any sanction imposed by HHSC. An NFA licensed or
				  registered in another state is in good standing if the NFA is in compliance
				  with the NFA licensing or registration rules in the other state and, if
				  applicable, the terms of any sanction imposed by the other state.
(11) Health services executive (HSE)--An
				  individual who has entry-level competencies in a nursing facility, assisted
				  living community, or home and community-based service provider in this state or
				  another state. The HSE has met NAB's minimum standards for qualification as an
				  HSE.
(12) HHSC--The Texas Health
				  and Human Services Commission. HHSC is responsible for NFA licensure in
				  Texas.
(13) Internship--The
				  training period in a nursing facility for an AIT. When HHSC accepts internship
				  hours completed in another state, the hours must be completed in a facility
				  that qualifies as a nursing facility or nursing home under the laws of the
				  other state.
(14) License--An NFA
				  license or provisional license.
(15) Licensee--A person licensed by HHSC as
				  an NFA.
(16) Long-term Care
				  Regulation--The department of HHSC responsible for long-term care regulation,
				  including determining nursing facility compliance with licensure and
				  certification requirements and the regulation of NFAs.
(17) Management experience--Full-time
				  employment as a department head, assistant nursing facility administrator, or
				  licensed professional supervising two or more employees in a nursing facility,
				  including a nursing facility outside of Texas, or skilled nursing hospital
				  unit.
(18) Military service
				  member--A person who is on active duty.
(19) Military spouse--A person who is married
				  to a military service member.
(20)
				  Military veteran--A person who has served on active duty and who was discharged
				  or released from active duty.
(21)
				  Misappropriation of resident property--Taking, secretion, misapplication,
				  deprivation, transfer, or attempted transfer to any person not entitled to
				  receive any property, real or personal, or anything of value belonging to or
				  under the legal control of a resident without the effective consent of the
				  resident or other appropriate legal authority, or the taking of any action
				  contrary to any duty imposed by federal or state law prescribing conduct
				  relating to the custody or disposition of property of a resident.
(22) NAB examination--The national
				  examination developed by NAB that applicants must pass in combination with the
				  state licensure examination to be issued a license to practice nursing facility
				  administration in Texas. The NAB examination consists of two modules: Core of
				  Knowledge and Line of Service.
(23)
				  National Association of Long Term Care Administrator Boards (NAB)--The national
				  authority on licensing, credentialing, and regulating administration of
				  organizations along the continuum of long-term care. NAB sets the national
				  standards and evaluation requirements for NFAs.
(24) National Continuing Education Review
				  Service (NCERS)--The part of NAB that approves and monitors continuing
				  education activities for NFAs.
(25)
				  Neglect--Failure to provide goods or services, including medical services, that
				  are necessary to avoid physical or emotional harm, pain, or mental
				  illness.
(26) Nursing facility--A
				  facility licensed in accordance with THSC Chapter 242.
(27) Nursing Facility Administrator (NFA)--An
				  individual licensed by HHSC to engage in the practice of nursing facility
				  administration, regardless of whether the individual has an ownership interest
				  in the facility.
(28) Nursing
				  Facility Administrators Advisory Committee (NFAAC)--The advisory committee
				  established by THSC §242.303.
(29) Preceptor--An NFA certified by HHSC to
				  provide supervision to an AIT.
(30)
				  Referral--A recommendation made by Long-term Care Regulation staff to
				  investigate an NFA's compliance with licensure requirements when deficiencies
				  or substandard quality of care deficiencies are found in a nursing facility, as
				  required by Title 42 Code of Federal Regulations §488.325.
(31) Sanctions--An adverse licensure action
				  against an NFA. In Texas, a sanction is one of the actions listed in §
										555.57 of this chapter (relating
				  to Schedule of Sanctions).
(32)
				  Self-study course--A NAB-approved education course that an individual pursues
				  independently to meet continuing education requirements for license
				  renewal.
(33) State
				  examination--The state licensure examination that applicants must pass, in
				  combination with the NAB examination, to be issued a license to practice
				  nursing facility administration in Texas.
(34) Substandard quality of care--For a
				  Medicare- or Medicaid-certified facility, this term has the meaning given in
				  Title 42 Code of Federal Regulations §488.301. For a licensed-only
				  facility, this term has the meaning given in §
										554.101 of this title (relating to
				  Definitions).
(35) THSC--Texas
				  Health and Safety Code.
(36)
				  Traditional business hours--Monday through Friday from 8:00 a.m. until 5:00
				  p.m.