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Health and Safety Code §247.002

Text in force on

In force on Sep 01, 2019 · this text took effect Sep 01, 2019 · same as today's text

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.

History: 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.

Source: the Legislature's file server, seen Dec 14, 2019 to Nov 08, 2026.

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