(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)