§ 5.07.010 — Definitions

5.07.010 - Definitions.

A. Definitions. For purposes of this chapter, the following terms have these specially defined meanings. 1. "Abuse" is defined in the Texas Human Resource Code Section 48.002 and means: a. The negligent or willful infliction of injury, unreasonable confinement, intimidation, or cruel punishment with resulting physical or emotional harm or pain to an elderly or disabled person by the person's caretaker, family member, or other individual who has an ongoing relationship with the person; or b. Sexual abuse of an elderly or disabled person, including any involuntary or nonconsensual sexual conduct that would constitute an offense under Section 21.08, Penal Code (indecent exposure) or Chapter 22, Penal Code (assaultive offenses), committed by the person's caretaker, family member, or other individual who has an ongoing relationship with the person. 2. "Assistance with self-administering medication" means assisting a resident by reminding the resident to take medication, opening and removing medications from a container, placing medication in a resident's hand or in/on a clean surface such as a medication reminder box and reminding the resident when a prescription medication needs to be refilled. 3. "Boarding home facility" means an establishment that: a. Furnishes, in one or more buildings, lodging to three or more persons with disabilities or elderly persons who are unrelated to the owner of the establishment by blood or marriage; and b. Provides community meals, light housework, meal preparation, transportation, grocery shopping, money management, laundry services, or assistance with self-administration of medication but does not provide personal care services to those persons. 4. "Commission" means the health and human services commission. 5. "Elderly person" means a person who is sixty-five years of age or older. 6. "Exploitation" is defined in the Texas Human Resource Code Section 48.002 and means the illegal or improper act or process of a caretaker, family member, or other individual who has an ongoing relationship with the elderly or disabled person using the resources of an elderly or disabled person for monetary or personal benefit, profit, or gain without the informed consent of the elderly or disabled person. 7. An "injury, incident or unusual accident" means an event that resulted in a change in the resident's physical or mental status that occurred in the boarding home facility or on the grounds of the boarding home facility that requires intervention by a private or public entity responsible for medical or mental health services or an event that requires the facility taking resident safety and protection measures including: a. An allegation of abuse, neglect, or exploitation; b. Death; c. A resident's absence from the facility when circumstances place the resident's health, safety or welfare at risk; d. Fire; e. Criminal acts; and f. Altercations between residents. 8. "Neglect" is defined in the Texas Human Resource Code Section 48.002 and means the failure to provide for one's self the goods or services, including medical services, which are necessary to avoid physical or emotional harm or pain or the failure of a caretaker to provide such goods or services. 9. "Personal care services" means: a. Assistance with meals, dressing, movement, bathing, or other personal needs or maintenance; b. The administration of medication by a person licensed to administer medication or the assistance with or supervision of medication; or c. 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. 10. "Person with a disability" means a person with a mental, physical, or developmental disability that substantially impairs the person's ability to provide adequately for the person's care or protection and who is eighteen years of age or older or under eighteen years of age and who has had the disabilities of minority removed. 11. "Resident" means a person who is residing in a boarding home facility.

(Ord. No. 17691, § 1, 12-6-2011, eff. 2-29-2012; Ord. No. 18968, § 14, 9-3-2019)