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(a) Each permit holder of a boarding home facility must ensure that there is on-site supervision of its boarding home facility during any time that a resident is present at the facility.
(b) Each permit holder of a boarding home facility must develop and implement policies and procedures for investigating and documenting injuries, incidents and unusual accidents that involve residents. Permit holders must also establish policies and procedures necessary to ensure resident health and safety.
(1) Minimum requirements for the documentation of injuries, incidents or unusual accidents should include, but are not limited to:
a. Date and time of the injury, incident or unusual accident occurred.
b. Description of the injury, incident or unusual accident.
c. Description of any medical or mental health treatment the resident received.
d. Steps taken by the permit holder to prevent future injuries, incidents or unusual accidents if a problem at the room and board facility resulted in the injury, incident or unusual accident.
e. When the resident's legal guardian or legally authorized representative was notified about the injury, incident or unusual accident.
(2) Residents, the resident's guardian, or legally authorized representatives should be given access to records within 48 hours of requesting the records from the permit holder.
(c) In addition to investigating and documenting injuries, incidents or unusual accidents, a permit holder must report any allegations of abuse, neglect or exploitation of 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 an elderly adult or adult with a disability is a Class A misdemeanor.
(1) Each permit holder should ensure that each resident has access to a telephone 24 hours per day that is easily accessible and affords privacy for use by residents.
(2) The permit holder shall ensure that no resident is harassed, threatened or intimidated at any time for making a report of abuse, neglect or exploitation.
(3) Permit holders will provide each resident with a copy of the definitions of abuse, neglect or exploitation as outlined in Tex. Human Resources Code, Chapter 48.
(4) Permit holders will allow law enforcement personnel, emergency medical and fire personnel access to the room and board facility when these professionals are responding to a call at the permit holder's room and board facility.
(d) No operator or other employee of a boarding home facility shall provide services or engage in behavior that constitutes a financial conflict of interest including:
(1) Borrowing from or loaning money to residents;
(2) Witnessing wills in which the operator or employee is a beneficiary;
(3) Co-mingling the resident's funds with the operator's or other residents' funds; or
(4) Becoming the guardian, conservator or power of attorney for a resident.
(e) If a permit holder becomes the representative payee for a resident or assists a resident with general money management, the permit holder shall:
(1) Maintain separate financial records for each resident for which the permit holder is the representative payee for the entire period of time the permit holder is the resident's representative payee and continue to maintain the resident's records for one year past the last calendar day the permit holder is the resident's representative payee;
(2) Include in the records an itemized list of expenditures that the permit holder has made on behalf of the resident, including the charges that are assessed by the permit holder;
(3) Maintain receipts for all expenditures in addition to the itemized documentation;
(4) 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; and
(5) The permit holder will allow the resident, the resident's guardian, or legally authorized representative access to the resident's financial records that are maintained by the permit holder within forty-eight hours of receiving a request.
(f) A permit holder of a boarding home facility shall develop a service agreement with each resident and maintain a copy of the agreement signed by the resident.
(Ord. 25952-01-2023, § 1, passed 1-10-2023, eff. 4-15-2023)
(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 permit holder shall store all residents' medication in a locked area. The permit holder 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 permit holder shall provide a refrigerator with a designated and locked storage area or a refrigerator inside a locked medication room.
(3) The permit holder shall store medications labeled "for external use only" separately within the locked area.
(d) The permit holder shall ensure that poisonous substances are labeled and safely stored within a locked area.
(e) If a boarding home facility stores controlled substances, the permit holders shall adopt and enforce a written policy for preventing the diversion of the controlled substances.
(f) After a resident ceases to reside in the boarding home facility, the permit holder shall properly dispose of any of the resident's remaining medication in accordance with applicable laws.
(Ord. 25952-01-2023, § 1, passed 1-10-2023, eff. 4-15-2023)
(a) Each permit holder, employee and staff member of a boarding home facility must be trained on the following subjects prior to contact with residents:
(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 folio wing:
a. Tex. Human Resource Code, Chapter 102 (Rights of the Elderly), as amended.
b. Tex. Human Resource Code, Chapter 112 (Developmental Disabilities), as amended.
c. Tex. Property Code, Chapter 301 (Fair Housing Practices), as amended.
d. Tex. Property Code, Chapter 92 (Residential Tenancies), 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) Assisting residents with self-administration of medication.
(7) Prevention, recognition, and reporting of injuries, incidents, and unusual accidents to residents and others in the boarding home facility.
(8) Emergency, evacuation and disaster plans.
(9) Assisting residents with obtaining health and social services.
(10) 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; and
d. House work, if the boarding home facility provides house work.
(b) Each permit holder and employee of a boarding home facility is subject to the following ongoing training requirements:
(1) Updates and changes in any policies and procedures within ten days after the permit holder or employee becomes aware of the change.
(2) Orientation specific to the needs of each new resident within one business day 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 permit holder or employee becoming aware of the change.
(Ord. 25952-01-2023, § 1, passed 1-10-2023, eff. 4-15-2023)
(a) A boarding home facility permit holder's permit to operate a boarding home may be denied, revoked, suspended, or denied for renewal if the permit holder has been convicted of a criminal offense listed in subsections (c) or (d) of this section or if the permit holder has in its employ any person convicted of a criminal offense listed in subsection (c) or (d).
(b) The permit holder must complete any state or federal request and release forms that are required to obtain a criminal history report for the permit holder. In addition to the permit fee, the permit holder will provide funding to the county/municipality in a manner specified by the county/municipality to cover any fees imposed by state or federal agencies for the report.
(c) The following histories will disqualify a permit holder from obtaining a permit to operate a boarding home or will serve as a bar to being employed by a boarding home facility:
(1) Tex. Penal Code, Chapter 19 (criminal homicide);
(2) Tex. Penal Code, Chapter 20 (kidnapping and unlawful restraint);
(3) Tex. Penal Code, § 21.02 (continuous sexual abuse of young child or children);
(4) Tex. Penal Code, § 21.08 (indecent exposure);
(5) Tex. Penal Code, § 21.11 (indecency with a child);
(6) Tex. Penal Code, § 21.12 (improper relationship between educator and student);
(7) Tex. Penal Code, § 21.15 (improper photography or visual recording);
(8) Tex. Penal Code, § 22.011 (sexual assault);
(9) Tex. Penal Code, § 22.02 (aggravated assault);
(10) Tex. Penal Code, § 22.021 (aggravated sexual assault);
(11) Tex. Penal Code, § 22.04 (injury to a child, elderly individual or disabled individual);
(12) Tex. Penal Code, § 22.041 (abandoning or endangering child);
(13) Tex. Penal Code, § 22.05 (deadly conduct);
(14) Tex. Penal Code, § 22.07 (terroristic threat);
(15) Tex. Penal Code, § 22.08 (aiding suicide);
(16) Tex. Penal Code, § 25.031 (agreement to abduct from custody);
(17) Tex. Penal Code, § 25.08 (sale or purchase of a child);
(18) Tex. Penal Code, § 28.02 (arson);
(19) Tex. Penal Code, § 29.02 (robbery);
(20) Tex. Penal Code, § 29.03 (aggravated robbery);
(21) Tex. Penal Code, § 30.02 (burglary);
(22) Tex. Penal Code, Chapter 31 (theft) that is punishable as a felony;
(23) Tex. Penal Code, § 33.021 (online solicitation of a minor);
(24) Tex. Penal Code, § 34.02 (money laundering);
(25) Tex. Penal Code, § 35A.02 (Medicaid fraud);
(26) Tex. Penal Code, § 42.09 (cruelty to animals); or
(27) A conviction under 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.
(d) A person may not own a boarding home or be employed in a position the duties of which involve direct contact with a resident in a boarding home before the fifth anniversary of the date the person is convicted of any felony offense not listed in subsection (c) or any of the following non-felony offenses:
(1) An offense under Tex. Penal Code, § 22.01 (assault), that is punishable as a Class A misdemeanor;
(2) An offense under Tex. Penal Code, § 32.45 (misapplication of fiduciary property or property of a financial institution), that is punishable as a Class A misdemeanor or a felony;
(3) An offense under Tex. Penal Code, § 32.46 (securing execution of a document by deception), that is punishable as a Class A misdemeanor or a felony;
(4) An offense under Tex. Penal Code, § 37.12 (false identification as peace officer);
(5) An offense under Tex. Penal Code, § 42.01(a)(7), (8), or (9) (disorderly conduct); or
(6) A conviction under 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.
(e) The permit holder must ensure that all employees, including volunteers who are not residents, have had a background check of conviction records, pending charges and disciplinary board decisions completed within the past two years, and is repeated every year thereafter, and that the individual is not disqualified under the provisions of subsections (c) and (d) of this section. The permit holder will immediately discharge any employee or volunteer whose criminal history check reveals conviction of a crime that bars employment or volunteer service.
(Ord. 25952-01-2023, § 1, passed 1-10-2023, eff. 4-15-2023)
(a) The permit holder, or a designee of the permit holder, shall:
(1) Complete and document an initial assessment of a resident within ten days after the date the resident begins residing at the facility, and conduct periodic monitoring thereafter, to ensure that the resident is capable of self-administering medication and completing basic elements of personal care as listed in subsections (b) and (c). The initial 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.
(2) 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 subsection (b) and (c). The annual assessment will be used as a tool to determine if the needs of the resident can continue to 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.
(b) Elements of the self-administration of medication to be assessed include the ability to perform each of the following tasks with little 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 permit holder 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 the initial assessment, or a subsequent annual assessment, if a permit holder finds that a resident is unable to perform basic elements of personal care as listed in subsection (c), or is in a state of self-neglect, 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. 25952-01-2023, § 1, passed 1-10-2023, eff. 4-15-2023)
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