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(a) The licensee shall ensure that poisonous, toxic, and flammable materials:
(1) are stored and maintained away from bed linens, towels, food items, and kitchen equipment; and
(2) are not used in a way that contaminates food equipment or utensils or constitutes a hazard to employees or residents.
(b) The licensee shall prominently and distinctly label poisonous, toxic, and flammable materials for easy identification of contents. (Ord. 28706)
(a) General. If a boarding home facility serves meals to one or more residents, the licensee shall ensure the following:
(1) All food and drink is clean and free from spoilage, pathogenic organisms, toxic chemicals, and other harmful substances.
(2) All food and drink is prepared, stored, handled, and served so as to be safe for human consumption.
(3) All food or drink subject to spoilage is maintained at a temperature of 41 degrees Fahrenheit or below.
(4) Hot foods that are ready to be served are maintained at 135 degrees Fahrenheit or above at all times.
(5) All food or drink stored in the freezer is maintained at a temperature of no higher than 0 degrees Fahrenheit.
(6) Alternative food selections are provided for residents who choose to disclose their medically prescribed diets to the licensee.
(7) A time schedule for meals is posted daily.
(8) Meals are:
(A) nutritionally balanced and provide the U.S. Department of Agriculture recommended daily allowance of vitamins, minerals, and calories;
(B) of sufficient quantity and quality to meet the nutritional needs of residents; and
(C) served with not more than 14 hours between the beginning of the evening meal and the beginning of the morning meal.
(9) A valid food handler's certificate issued under Section 17-2.2 of this code has been issued in the name of the licensee.
(10) After each usage, all eating and drinking utensils are thoroughly washed and sanitized in hot water containing a suitable soap or synthetic detergent and rinsed in clean hot water. If a mechanical dishwasher is used, dish detergent is required.
(b) Animals prohibited. With the exception of service animals for persons with disabilities, birds, cats, dogs, or other animals are not permitted in areas where food is prepared or stored, or where utensils are washed or stored.
(c) Food handling.
(1) An owner, operator, employee, or resident engaged in food handling shall:
(A) observe sanitary methods, including hand washing; and
(B) not be assigned to preparing foods for others at the facility if carrying a disease that can be transmitted to others in the normal course of food preparation.
(2) If preparing meals for residents, staff must meet food handling requirements and training approved by the director. (Ord. Nos. 28706; 29753)
(a) Initial screening. Before permitting a potential resident to move into a boarding home facility, the licensee shall ask each potential resident whether he or she:
(1) has the ability to comply with the requirements of being a resident at the boarding home facility, including:
(A) paying rent or other fees in accordance with the service agreement between the operator and the resident, unless the payment of rent or other fees is excused under the service agreement or by law;
(B) complying with the rules for the boarding home facility established by the licensee;
(C) paying for any damage to the boarding home facility caused by the resident; and
(D) timely vacating the premises when the service agreement, including any extension, expires or is terminated;
(2) is qualified to reside at the boarding home facility if the boarding home facility is available only to persons with disabilities or to persons with a particular type of disability;
(3) is currently an illegal abuser or addict of a controlled substance;
(4) is currently on probation or parole;
(5) is currently using any prescription drugs; or
(6) has been convicted of the illegal manufacture or distribution of a controlled substance.
(b) Individualized assessment.
(1) Before allowing an individual to reside at a boarding home facility, the licensee shall conduct an individualized assessment of that individual to determine if the individual would constitute a direct threat. The assessment must consider:
(A) any prior criminal or violent acts of the person;
(B) the amount of time that has elapsed since the commission of any such acts; and
(C) any actions taken by the person or other circumstances that may have eliminated the direct threat.
(2) In the case of any male resident or potential male resident who has been convicted of an offense requiring registration with any sex offender registry, the individualized assessment must include an assessment of risk performed by a Licensed Sex Offender Treatment Provider ("LSOTP") licensed under the Texas Occupations Code Title 3.110, Subchapters A and G, as amended. The assessment of risk must be obtained from the resident's or potential resident's current or former LSOTP. If there is no current LSOTP, or if the former LSOTP's assessment of risk is more than three years old, a new psycho-sexual evaluation and assessment of risk must be obtained to evaluate the resident's or potential resident's risk in the boarding home facility setting. A letter from the LSOTP summarizing his or her assessment of risk is sufficient documentation for the purposes of verifying compliance with the requirements of this paragraph.
(3) The licensee shall ensure that any resident that has been convicted of an offense requiring registration with any sex offender registry is registered with the proper authorities.
(4) Prior to the occupancy of any boarding home facility and at least quarterly thereafter, the licensee shall certify in a sworn affidavit to the director that, based on the individualized assessment performed for each resident, no person will or does reside in the boarding home facility whose tenancy would likely constitute a direct threat to the health or safety of that person or other individuals or whose tenancy would result in substantial physical damage to the property of others.
(c) Persons who may not reside in a boarding home facility. The licensee shall not allow the following individuals to reside at a boarding home facility:
(1) An individual convicted within the last 10 years of the illegal manufacture or distribution of a controlled substance.
(2) An individual who, based upon an individualized assessment, is likely to constitute a direct threat to the health or safety of the individual or other individuals or whose tenancy would likely result in substantial damage to the property of others.
(3) An individual who requires the provision of personal care services unless the personal care services are provided by outside professionals.
(d) Illegal drug use.
(1) All residents in a boarding home facility shall completely abstain from using controlled substances. The licensee shall expel as promptly as possible under state law any resident who uses a controlled substance, whether on or off the premises, and shall not readmit the resident to any boarding home facility under the control of the licensee for a period of at least 60 days following the violation. However, nothing contained in this subsection may be construed to prohibit a resident from taking a prescription drug for which that resident has a valid and current prescription.
(2) If the boarding home facility has one or more residents who are recovering from an addiction to alcohol or a controlled substance, the licensee must develop a written plan for ensuring that the residents continue to refrain from using alcohol or controlled substances, including any and all rules by which residents must abide, and must provide such plan to the director at his request.
(e) Duty to document. The licensee shall document the following:
(1) A resident’s illegal use of a controlled substance.
(2) A resident who poses a direct threat to the health or safety of other individuals.
(3) A resident who poses a direct threat of substantial damage to the property of others.
(f) Log. If a resident with dementia is currently taking a prescription medication, or if a resident is taking a controlled substance or a psychotropic medication pursuant to a current and valid prescription, the licensee shall note in a written log whether the resident has taken, or been reminded to take, his or her medication. The log must provide the resident's name, the name of the medication, and the date and time that the resident took the medication or was reminded by the licensee to take the medication. Unless prohibited by law, the licensee shall make copies of the log available to the director for inspection upon request.
(g) Injuries, incidents, and unusual accidents.
(1) The licensee shall notify a resident’s legal guardian, resident’s legally authorized representative, or a family member designated by the resident, the legal guardian, or the legally authorized representative of any injury, incident, or unusual accident involving the resident.
(2) The licensee shall investigate and document on a form provided by the director any injuries, incidents, or unusual accidents to a resident by providing the following information:
(A) The resident's name.
(B) The date and time the injury, incident, or unusual accident occurred.
(C) Description of the injury, incident, or unusual accident.
(D) Description of any medical or mental health treatment the licensee sought for the resident.
(E) Steps taken by the owner or operator to prevent future injuries, incidents, or unusual accidents if a problem at the boarding home facility resulted in the injury, incident, or unusual accident.
(F) When the resident's legal guardian, resident's legally authorized representative, or a family member designated by the resident, the legal guardian, or the legally authorized representative was notified about the injury, incident, or unusual accident.
(h) Access to records. Within one business day after a request by a resident, the resident’s guardian, the resident’s legally authorized representative, or a family member designated by the resident, the legal guardian, or the legally authorized representative, the licensee shall allow access to, and provide copies at a reasonable cost of, the records documenting any injury, incident, or unusual accident involving that resident. Upon request, the licensee must explain how to examine the records.
(i) Abuse, neglect, and exploitation.
(1) A licensee shall report and document any allegations of abuse, neglect, or exploitation of a minor, an adult age 65 or older, or an adult with a disability to the Texas Department of Family and Protective Services. Failure to report suspected abuse, neglect, or exploitation of a minor, an elderly adult, or an adult with a disability is a Class A misdemeanor under Texas law.
(2) A licensee shall ensure that no resident is harassed, threatened, or intimidated at any time for making a report of abuse, neglect, or exploitation.
(3) A licensee shall provide each resident with a copy of the definitions of abuse, neglect, or exploitation as outlined in Chapter 48 of the Texas Human Resources Code, as amended.
(4) A licensee shall allow law enforcement, emergency medical, and fire personnel access to the boarding home facility when these professionals are responding to a call at the boarding home facility.
(5) An owner, operator, or employee may not refer a person to the boarding home facility with which he is associated or to any other facility if he knows or reasonably should know that the facility or its services are not appropriate for the condition of the person being referred.
(6) If the licensee or an employee has any medical or mental health professional examine, diagnose, treat, or provide any other medical or mental health services to a resident, the licensee or employee must provide the resident with:
(A) the name, business address, and telephone number of the person who examined, diagnosed, treated, or provided any other service to the resident;
(B) a written explanation of the nature and results of the examination, diagnosis, treatment, or other service if provided to the licensee or employee by the medical or mental health professional; and
(C) a copy of any prescription for any medicine if provided to the licensee or employee by the medical or mental health professional.
(7) No licensee or employee may:
(A) use corporal punishment on a resident;
(B) involuntarily seclude a resident from other residents;
(C) abuse, neglect, or exploit a resident;
(D) receive any referral fees, kickbacks, or other compensation in connection with the placement of residents; or
(E) engage in any coercive practices involving residents' food stamps or disability checks.
(8) Physical and chemical restraints.
(A) No licensee or employee may use a physical restraint or chemical restraint on a resident.
(B) For purposes of Subsection (i)(8)(A), a physical restraint includes a vest, a hand mitt, and a seatbelt, and a chemical restraint includes an anti-psychotic drug and a sedative.
(C) It is a defense to prosecution under Subsection (i)(8)(A) that:
(i) the restraint was authorized by a physician, in writing, for a specified and limited period of time; or
(ii) the licensee or employee is the spouse, legal guardian, or next of kin of the resident or former resident.
(9) Access.
(A) A licensee shall allow a resident's personal physician, nurse, or other health care provider to have immediate access to the resident.
(B) A licensee shall allow the relatives, the guardian, and the legally authorized representative of a resident to have immediate access to the resident during the boarding home facility's visiting hours unless the resident objects.
(j) Conflicts of interests. The purposes of this subsection are to ensure both that residents have the right to manage their own affairs or to choose someone they trust to manage their affairs for them and that licensees and employees do not abuse their positions of power and trust for their own private gain.
(1) A licensee or employee of a boarding home facility shall not:
(A) borrow money from or loan money to residents;
(B) be a beneficiary of a current or former resident's will or life insurance;
(C) co-mingle a resident's funds with the funds of the licensee, employee, or another resident;
(D) employ a resident;
(E) require a resident to perform any kind of work for any person or entity;
(F) go into business with a resident;
(G) serve as an employee or independent contractor of a resident;
(H) have sexual relations with a resident; or
(I) have a power of attorney for a resident's affairs for any purpose.
(2) It is a defense to prosecution:
(A) under Paragraph (1) that the licensee or employee is the spouse, legal guardian, or next of kin of the resident or former resident;
(B) under Paragraph (1)(D) that the licensee or employee pays the resident, either as a monetary payment or as an in-kind contribution towards lodging, food, or services provided by the boarding home facility, at least the federal minimum wage for each hour of work performed;
(C) under Paragraph (1)(E) that the licensee or employee does not receive any direct or indirect monetary payment, kickback, or in-kind compensation from any person or entity in connection with the resident's work and ensures that the resident receives, either as a monetary payment or as an in-kind contribution towards lodging, food, or services provided by the boarding home facility, an hourly wage that exceeds the federal minimum wage by at least $3.00 for each hour of work performed by the resident;
(D) under Paragraph (1)(E) that the work required is limited to chores or other routine housekeeping activities; and
(E) under Paragraph (1)(I) that the licensee or employee is assisting the resident to establish eligibility for a federal or state program that provides financial assistance for medical services, such as Medicaid, or other services needed by the resident.
(3) No licensee or employee may be a representative payee for a resident or assist a resident with general money management unless the Social Security Administration, the resident, the resident's guardian, the resident's legally authorized representative, or a family member designated by the resident, the legal guardian, or the legally authorized representative authorizes in writing the licensee or employee to be a representative payee or assist the resident with general money management.
(4) If a licensee or employee becomes the representative payee for a resident or assists a resident with general money management, the licensee or employee shall do the following:
(A) Maintain separate financial records for each resident for which the licensee or employee is the representative payee or assists with general money management for the entire period of time the licensee or employee acts in that capacity and continue to maintain the resident's records for one year past the last calendar day the licensee or employee is the resident's representative payee or assists with money management.
(B) Include in the records an itemized list of expenditures that the licensee or employee has made on behalf of the resident, including the charges that are assessed by the licensee or employee.
(C) Maintain receipts for all expenditures in addition to the itemized documentation.
(D) Develop a budget with the resident outlining routine expenditures and ensure that expenditures that are not routine are discussed with the resident before the resident's funds are expended.
(E) Within one business day after receiving a request, allow the resident, the resident's guardian, the resident's legally authorized representative, or a family member designated by the resident, the legal guardian, or the legally authorized representative access to the resident's financial records that are maintained by the licensee or employee.
(F) Furnish the director a surety bond.
(i) The bond must be in an amount that is enough to cover the average monthly amount of money the licensee or employee manages or handles for all residents based on the following:
Amount of Resident Money Managed/Handled Per Month | Amount of Bond |
$750 or less | $1,000 |
$751 to $1,500 | $2,000 |
$1,501 to $2,500 | $3,000 |
Every additional increment of $1,000 or fraction thereof | Additional $1,000 |
(ii) The bond must be issued by a bank or bonding company authorized to do business in the State of Texas.
(iii) The bond must provide that all residents, residents' guardians, residents' legally authorized representatives, or family members designated by the resident, the legal guardian, or the legally authorized representative have the right to directly sue upon the surety bond until the amount of the bond has been exhausted.
(iv) The bond must cover embezzlement or theft by the licensee or employee.
(G) Immediately cease acting as a representative payee once a resident moves out of a boarding home facility or no longer wants the licensee or employee to be his representative payee.
(H) Document the termination of the licensee's or employee's role as representative payee for a resident or former resident and the actions taken by the licensee or employee to ensure that the Social Security Administration recognizes this termination.
(5) A licensee or employee who employs a resident or requires a resident to perform any kind of work for any person or entity pursuant to Sections 8A-34(j)(2)(B) or (C) must maintain documentation of the dates and hours worked by each resident, the type and amount of compensation received by each resident, and the name, address, and telephone number of the person or entity for whom each resident worked. At least monthly, the licensee or employee must also give a signed copy of this documentation to the resident, the resident's guardian, or the resident's legally authorized representative.
(k) Service agreement.
(1) A licensee shall develop a service agreement with each resident and maintain a copy of the agreement signed by the resident, the resident’s guardian, or the resident’s legally authorized representative. The licensee shall give a copy of the signed agreement to the resident, the resident’s guardian, or the resident’s legally authorized representative.
(2) The service agreement must specify the following:
(A) The length of the contract.
(B) The amount of rent charged and the date upon which rent is due.
(C) If service is accepted in lieu of rent, the dollar amount the rent is reduced per hour of service.
(D) The amounts of other fees or fines charged, an explanation of what those fees and fines are for, when they are charged, and why.
(E) The party responsible for paying the monthly rent and other fees.
(F) Any services to be provided or that could be provided by the boarding home facility.
(G) If the resident has a guardian, legally authorized representative, or a family member designated by the resident, the legal guardian, or the legally authorized representative, that person’s name, address, e-mail address, and telephone number.
(H) The rules and regulations of the boarding home facility.
(I) That a resident will be expelled if the owner or operator determines that the resident:
(i) has used a controlled substance within the past 30 days without a valid prescription;
(ii) has violated the rules of the boarding home facility if those rules require the expulsion for the violation;
(iii) poses a direct threat to the health or safety of other individuals; or
(iv) poses a direct threat of substantial damage to the property of others.
(J) If the resident earns any income from the licensee or an employee of the boarding home facility that exceeds the monthly rent owed, the licensee or employee’s plan to allocate the income or system of disbursement of that income.
(l) Disclosure of charges and fees to resident. No licensee or employee may charge a resident for a service or item unless the licensee or employee has previously disclosed in writing that providing the service or item will incur an additional fee and the amount of that fee.
(m) Visitors. Operators, employees, and volunteers of the boarding home facility shall not have visitors on the premises, except for visitation necessary for the operation of the facility, for emergencies, or by family members of an operator, employee, or a volunteer.
(n) Privacy policy. Each boarding home facility must adopt a privacy policy to ensure the confidentiality of residents' financial, health, and medical information. The owner, operator, or licensee shall give a copy of the privacy policy to the resident, the resident's guardian, or the resident's legally authorized representative. (Ord. Nos. 28706; 29753)
(a) Assistance with self-administration of medication may be provided to an adult resident who can identify his or her medication and knows when the medication should be taken but requires assistance with self-administration. Assistance with self-administration of medication may not be provided to a minor.
(b) Assistance with self-administration of medication is limited to:
(1) reminding the resident to take medication;
(2) opening a container, removing medication from a container, and placing medication in a resident’s hand or in or on a clean surface, such as a pill cup or medication reminder box, for the resident’s self-administration; and
(3) reminding the resident when a prescription needs to be refilled.
(c) The licensee shall remind a resident to take medication if the licensee knows that the resident is required to take medication and needs assistance with remembering to take the medication.
(d) The licensee shall store all residents’ medication in a locked area. The licensee shall provide a central locked storage area or individual locked storage areas at the boarding home facility for each resident’s medication.
(1) If the boarding home facility uses a central medication storage area, a boarding home employee must be available to provide access at all times and each resident’s medication must be stored separately from other residents’ medications within the storage area.
(2) If a resident’s medication requires refrigeration, the licensee shall provide a refrigerator with a designated and locked storage area or a refrigerator inside a locked medication room.
(3) The licensee shall store medications labeled for “external use only” separately within the locked area.
(e) The licensee shall ensure that poisonous substances are labeled and safely stored within a locked area separately from medications.
(f) If a boarding home facility stores medications, the licensee shall adopt and enforce a written policy for preventing the diversion of the medications.
(g) After a resident ceases to reside in the boarding home facility, the licensee shall properly dispose of any of the resident’s remaining medication in accordance with applicable laws. (Ord. Nos. 28706; 29753)
(a) Each licensee and employee of a boarding home facility must be trained on the following subjects prior to contact with residents or within five days of beginning work, ownership, or management of the facility, whichever is later:
(1) Employer rules and policies.
(2) Preventing, recognizing, and reporting abuse, neglect, and exploitation of residents.
(3) Residents' rights, including all applicable rights from the following:
(A) Chapter 102 (Rights of the Elderly) of the Texas Human Resource Code, as amended.
(B) Chapter 112 (Developmental Disabilities) of the Texas Human Resource Code, as amended.
(C) Chapter 301 (Fair Housing Practices) of the Texas Property Code, as amended.
(D) Chapter 92 (Residential Tenancies) of the Texas Property Code, as amended.
(4) Policies and procedures for contacting emergency personnel when health or safety of a resident or another individual is at risk.
(5) Complaint process specific to the city and the boarding home facility.
(6) Prevention, recognition, and reporting of injuries, incidents, and unusual accidents to residents and others in the boarding home facility.
(7) Emergency, evacuation, and disaster plans.
(8) Assisting residents with obtaining health and social services.
(9) Services provided by the boarding home facility, including:
(A) nutrition, meal preparation, and dietary needs, if the boarding home facility provides meal preparation;
(B) sanitation;
(C) laundry, if the boarding home facility provides laundry services;
(D) house work, if the boarding home facility provides house work; and
(E) assistance with self-administration of medication, if the boarding home facility provides assistance with self-administration of medication.
(b) Each licensee and employee of a boarding home facility must be trained on the following subjects:
(1) Updates and changes in any policies and procedures within 10 days after the licensee or employee becomes aware of the change.
(2) Orientation specific to the needs of each new resident within three business days of the resident moving into the facility.
(3) Orientation specific to the needs of a resident whose needs have changed due to injury, illness, hospitalization, or other circumstances that affect the resident's needs within one day after licensee or employee becoming aware of the change. (Ord. Nos. 28706; 29753)
(a) A person may not own or operate a boarding home facility or be employed or volunteer in a position the duties of which involve direct contact with a resident in a boarding home facility before the 10th anniversary of the date the person is convicted of any of the following offenses:
(1) Sections 481.112, 481.1121, 481.1122, 481.113, 481.114, 481.122, Texas Health and Safety Code (illegal manufacture or delivery of a controlled substance), as amended.
(2) Section 481.120, Texas Health and Safety Code (delivery of marijuana), as amended, that is punishable as a felony.
(3) Section 481.124, Texas Health and Safety Code (possession or transport of certain chemicals with intent to manufacture controlled substances), as amended, that is punishable as a felony.
(4) Chapter 19, Texas Penal Code (criminal homicide), as amended.
(5) Chapter 20, Texas Penal Code (kidnapping and unlawful restraint), as amended.
(6) Chapter 20A, Texas Penal Code (trafficking of persons), as amended.
(7) Section 21.02, Texas Penal Code (continuous sexual abuse of young child or children), as amended, or Section 21.11, Texas Penal Code (indecency with a child), as amended.
(8) Section 22.01, Texas Penal Code (assault on a public servant), as amended.
(9) Section 22.011, Texas Penal Code (sexual assault), as amended.
(10) Section 22.02, Texas Penal Code (aggravated assault), as amended.
(11) Section 22.04, Texas Penal Code (injury to a child, elderly individual, or disabled individual), as amended.
(12) Section 22.041, Texas Penal Code (abandoning or endangering child), as amended.
(13) Section 22.08, Texas Penal Code (aiding suicide), as amended.
(14) Section 25.031, Texas Penal Code (agreement to abduct from custody), as amended.
(15) Section 25.08, Texas Penal Code (sale or purchase of a child), as amended.
(16) Section 28.02, Texas Penal Code (arson), as amended.
(17) Section 29.02, Texas Penal Code (robbery), as amended.
(18) Section 29.03, Texas Penal Code (aggravated robbery), as amended.
(19) Section 21.08, Texas Penal Code (indecent exposure), as amended.
(20) Section 21.12, Texas Penal Code (improper relationship between educator and student), as amended.
(21) Section 21.15, Texas Penal Code (improper photography or visual recording), as amended.
(22) Section 22.05, Texas Penal Code (deadly conduct), as amended.
(23) Section 22.021, Texas Penal Code (aggravated sexual assault), as amended.
(24) Section 22.07, Texas Penal Code (terroristic threat), as amended.
(25) Section 33.021, Texas Penal Code (online solicitation of a minor), as amended.
(26) Section 34.02, Texas Penal Code (money laundering), as amended.
(27) Section 35A.02, Texas Penal Code (Medicaid fraud), as amended.
(28) Section 42.09, Texas Penal Code (cruelty to animals), as amended.
(29) Chapter 31, Texas Penal Code (theft), as amended, that is punishable as a felony.
(30) Section 30.02, Texas Penal Code (burglary), as amended.
(31) The laws of another state, federal law, or the Uniform Code of Military Justice for an offense containing elements that are substantially similar to the elements of an offense listed in this subsection.
(b) A person may not own or operate a boarding home facility or be employed or volunteer in a position the duties of which involve direct contact with a resident in a boarding home facility before the fifth anniversary of the date the person is convicted of attempt, conspiracy, or solicitation of an offense listed in Subsection (a), any felony offense not listed in Subsection (a), or any of the following non-felony offenses:
(1) Section 48.052, Texas Human Resources Code (failure to report abuse, neglect, or exploitation), as amended or Section 260A.012, Texas Health and Safety Code (failure to report abuse, neglect, or exploitation), as amended.
(2) Section 22.01, Texas Penal Code (assault), as amended, that is punishable as a Class A misdemeanor.
(3) Chapter 31, Texas Penal Code (theft), as amended, that is punishable as a Class A misdemeanor or felony.
(4) Section 32.45, Texas Penal Code (misapplication of fiduciary property or property of a financial institution), as amended, that is punishable as a Class A misdemeanor or a felony.
(5) Section 32.46, Texas Penal Code (securing execution of a document by deception), as amended, that is punishable as a Class A misdemeanor or a felony.
(6) Section 37.12, Texas Penal Code (false identification as peace officer), as amended.
(7) Section 42.01(a)(7), (8), or (9), Texas Penal Code (disorderly conduct involving a firearm), as amended.
(8) Section 42.062, Texas Penal Code (interference with emergency request for assistance), as amended, that is punishable as a Class A misdemeanor or felony.
(9) Section 42.07, Texas Penal Code (harassment), as amended that is punishable as a Class A misdemeanor.
(10) Chapter 49, Texas Penal Code (driving while intoxicated), as amended, that is punishable as a Class B misdemeanor, Class A misdemeanor, or felony, if the boarding home facility provides transportation services.
(11) The laws of another state, federal law, or the Uniform Code of Military Justice for an offense containing elements that are substantially similar to the elements of an offense listed in this subsection.
(c) The licensee shall ensure that all employees and volunteers have had a background check of conviction records, pending charges, and disciplinary board decisions completed within the past 12 months, and is repeated every year thereafter, and that the individual is not disqualified under this section. The owner or operator shall immediately discharge any employee or volunteer whose criminal history reveals conviction of a crime that bars employment or volunteer service at a boarding home facility. A pending appeal of a criminal conviction has no effect on disqualification under this section. (Ord. Nos. 28706; 29753)
(a) If a boarding home facility allows an individual who has an impairment due to the illegal abuse of or addiction to a controlled substance to be a resident, the licensee and all employees and volunteers (other than residents) shall not have used a controlled substance within the previous year without a prescription from a licensed professional.
(b) All operators, employees, and volunteers of a boarding home facility shall completely abstain from illegally using controlled substances. The licensee shall immediately remove from the premises of the boarding home facility any non-resident owner, operator, employee, or volunteer who illegally uses a controlled substance, whether on or off the premises, and shall not allow that person to enter the premises of any boarding home facility under the control of the owner or operator for a period of at least one year following the violation. The licensee shall remove from the premises of the boarding home facility, as promptly as possible under state law, any owner, operator, employee, or volunteer who resides at the boarding home facility and who illegally uses a controlled substance whether on or off the premises, and shall not allow that person to enter the premises of any boarding home facility under the control of the owner or operator for a period of at least one year following the violation. However, nothing contained in this subsection shall be construed to prohibit an operator, employee, or volunteer from taking a prescription drug for which that person has a valid and current prescription.
(c) The licensee shall immediately remove from the premises of a boarding home facility any non-resident owner, operator, employee, or volunteer who currently abuses alcohol, whether on or off the premises, such that the abuse of alcohol prevents that person from performing his or her job duties, if any, at the boarding home facility or who, by reason of such current alcohol abuse, constitutes a direct threat to the property or safety of others. The licensee shall remove from the premises of a boarding home facility, as promptly as possible under state law, any owner, operator, employee, or volunteer who resides at the boarding home facility and who currently abuses alcohol, whether on or off the premises, such that the abuse of alcohol prevents that person from performing his or her job duties, if any, at the boarding home facility or who, by reason of such current alcohol abuse, constitutes a direct threat to the property or safety of others.
(d) If the licensee removes a person from the premises of a boarding home facility under Subsection (c), the licensee shall not allow that person to re-enter the premises of any boarding home facility under the control of the owner or operator until that person is able to perform his or her job duties, if any, at a boarding home facility and does not constitute a direct threat to the property or safety of others. (Ord. Nos. 28706; 29753)
(a) For any resident with dementia or who has been prescribed a controlled substance or psychotropic medication, the licensee, or a designee of the licensee, shall complete and document an annual assessment and conduct periodic monitoring to ensure that each resident is capable of self-administering medication and completing basic elements of personal care as listed in Subsections (b) and (c). The assessment will be used as a tool to determine if the needs of the resident can be provided by a boarding home facility or if the resident needs personal care services or medication administration that cannot be provided by the boarding home facility. The initial assessment of a resident must be completed within 30 days after the date the resident began residing at the facility.
(b) Elements of the self-administration of medication to be assessed include the ability to perform each of the following tasks with little or no assistance:
(1) Identifying the name of the medication.
(2) Providing a reason for the medication (the owner or operator cannot force the resident to disclose a health condition that is the basis for the medication if the resident refuses).
(3) Distinguishing color or shape.
(4) Preparing the correct number of pills (dosage).
(5) Confirming the time to take medications.
(6) Reading labels.
(c) Elements of personal care to be assessed by the licensee include but are not limited to the resident’s ability to do the following:
(1) Eat independently.
(2) Bathe without assistance.
(3) Dress without assistance.
(4) Move and transfer independently.
(d) As a result of an assessment, if a licensee finds that a resident is in a state of possible self-neglect due to no longer being able to perform basic elements of personal care as listed in Subsection (c) and believes that a higher level of care is needed, the owner or operator shall:
(1) contact the Texas Department of Family and Protective Services by phoning the state-wide intake division at 1-800-252-5400;
(2) notify the resident’s guardian or legally authorized representative;
(3) notify a family member designated by the resident, the legal guardian, or the legally authorized representative; and
(4) contact the appropriate health or human services authority to advise that the resident requires services beyond what can be provided by the boarding home facility.
(e) A state of self-neglect does not exist if the resident receives outside professional services that meet the resident’s need for personal care or self- administration of medication. In these cases, the resident can remain in the boarding home facility provided that all needs for personal care and self- administration of medication are met. (Ord. Nos. 28706; 29753)