Tex. Health & Safety Code Section 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 (Controlling Person).

(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.

Source: Section 247.002 — Definitions, https://statutes.­capitol.­texas.­gov/Docs/HS/htm/HS.­247.­htm#247.­002 (accessed Apr. 29, 2024).

247.001
Short Title
247.002
Definitions
247.003
Application of Other Law
247.004
Exemptions
247.005
Controlling Person
247.0011
Scope, Purpose, and Implementation
247.021
License Required
247.022
License Application
247.023
Issuance and Renewal of License
247.024
Fees
247.025
Adoption of Rules
247.026
Standards
247.027
Inspections
247.028
Assistance by Department
247.029
Facilities for Persons with Alzheimer’s Disease
247.031
Municipal Enforcement
247.032
Accreditation Survey to Satisfy Inspection Requirements
247.041
Denial, Suspension, or Revocation of License
247.042
Emergency Suspension or Closing Order
247.043
Investigation of Abuse, Exploitation, or Neglect
247.044
Injunction
247.045
Civil Penalties
247.046
Cooperation Among Agencies
247.048
Regional Training for Agencies and Local Governments
247.049
Use of Regulatory Reports and Documents
247.050
Monitoring of Unlicensed Facilities
247.051
Informal Dispute Resolution
247.061
Coordination Between Agencies
247.062
Directory of Assisted Living Facilities
247.063
Referrals
247.064
Residents’ Bill of Rights
247.065
Providers’ Bill of Rights
247.066
Appropriate Placement Determination
247.067
Health Care Professionals
247.068
Retaliation Prohibited
247.069
Consumer Choice for Assisted Living in Community Care Programs
247.070
Guardianship Orders
247.071
Local Approval of Assisted Living Facility
247.072
Applicants for Employment
247.081
Scope of Subchapter
247.082
Election of Arbitration
247.083
Arbitration Procedures
247.084
Arbitrator Qualifications
247.085
Arbitrator Selection
247.086
Arbitrator Duties
247.087
Scheduling of Arbitration
247.088
Exchange and Filing of Information
247.089
Attendance
247.090
Testimony
247.091
Evidence
247.092
Closing Statements
247.093
Ex Parte Contacts Prohibited
247.094
Order
247.095
Effect of Order
247.096
Clerical Error
247.097
Court Vacating Order
247.098
Enforcement of Certain Arbitration Orders for Civil Penalties
247.0211
Expedited Inspection
247.0231
Compliance Record in Other States
247.0255
Restraint and Seclusion
247.0261
Early Compliance Review
247.0262
Report on Life Safety Code Surveys
247.0263
Life Safety Code Technical Memorandum
247.0264
Accessibility Standards
247.0271
Inspection Exit Conference
247.0272
Inspector Training
247.0275
Registration with Texas Information and Referral Network
247.0291
Training Requirements for Staff Members of Assisted Living Facilities Providing Care to Residents with Alzheimer’s Disease or Related Disorders
247.0295
Notice of Alzheimer’s Disease or Related Disorders License Classification
247.0451
Administrative Penalty
247.0452
Right to Correct
247.0453
Report Recommending Administrative Penalty
247.0454
Hearing on Administrative Penalty
247.0455
Notice and Payment of Administrative Penalty
247.0456
Application of Other Law
247.0457
Amelioration of Violation
247.0458
Use of Administrative Penalty
247.0459
Violation of Law Relating to Advance Directives
247.0631
Access

Accessed:
Apr. 29, 2024

§ 247.002’s source at texas​.gov