26 Tex. Admin. Code § 301.655 - Definitions
The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:
(1) Abuse--For purposes of
reporting allegations, the term is defined by the investigatory agency. For
purposes of classifying allegations as part of the TDMHMR Client Abuse and
Neglect Reporting System (CANRS), the term is defined in CANRS Definitions,
which is referenced as Exhibit A of § 414.562 of this title (relating to
Exhibits).
(2) Administrator--The
individual in charge of a local authority or community center, or
designee.
(3) Agent--Any individual
not employed by a local authority, community center, or contractor, but working
under the auspices of the local authority, community center, or contractor
(e.g., student, volunteer).
(4)
Allegation--A report by an individual suspecting or having knowledge that a
person served has been or is in a state of abuse, neglect, or exploitation as
defined by the investigatory agency or in CANRS Definitions, which is
referenced as Exhibit A in § 414.562 of this title.
(5) Clinical practice--Relates to the
demonstration of professional competence by a licensed professional.
(6) Community center--A community mental
health center, community mental retardation center, or community mental health
and mental retardation center, established under the Texas Health and Safety
Code, Title 7, Chapter 534, Subchapter A.
(7) Confirmed--The finding of an
investigation if there is a preponderance of credible evidence to support that
abuse, neglect, or exploitation occurred.
(8) Contractor--Any organization, entity, or
individual who contracts with a local authority or community center to provide
mental health or mental retardation services to a person served. The term
includes a local independent school district with which a local authority or
community centers has a memorandum of understanding (MOU) for educational
services.
(9) Contractor CEO--The
individual in charge of a contractor that has one or more employees excluding
the CEO.
(10) Exploitation--For
purposes of reporting allegations, the term is defined by the investigatory
agency. For purposes of classifying allegations as part of the TDMHMR CANRS,
the term is defined in CANRS Definitions, which is referenced as Exhibit A in
§ 414.562 of this title.
(11)
Investigatory agency--An agency with statutory authority to investigate abuse,
neglect, and exploitation of a person served by a local authority, community
center, or contractor. For example, the Texas Department of Protective and
Regulatory Services investigates allegations in local authorities and community
centers (including intermediate care facilities for the mentally retarded or
persons with a related condition (ICF/MR or ICF/MR/RC) operated by a local
authority or community center) and all contractors of local authorities and
community centers except psychiatric hospitals; the Texas Department of Health
(TDH) investigates allegations in psychiatric hospitals; and the Texas
Commission on Alcohol and Drug Abuse (TCADA) investigates allegations in
TCADA-funded programs operated by a local authority or community center
pursuant to a contract with TCADA.
(12) Local authority--An entity designated by
the TDMHMR commissioner in accordance with the Texas Health and Safety Code,
§
533.035(a).
(13) Neglect--For purposes of reporting
allegations, the term is defined by the investigatory agency. For purposes of
classifying allegations as part of the TDMHMR CANRS, the term is defined in
CANRS Definitions, which is referenced as Exhibit A in § 414.562 of this
title.
(14) Perpetrator--An
individual who has committed an act of abuse, neglect, or
exploitation.
(15) Person served--
(A) Any person with mental illness or mental
retardation receiving services from a local authority or community center or
through a contract with a local authority or community center who is registered
or assigned in the Client Assignment and Registration (CARE) system;
or
(B) any child or disabled person
as defined in the Human Resources Code, Chapter 48, who is otherwise receiving
services from a local authority or community center or through a contract with
a local authority or community center.
(16) Professional review--A review of
clinical and/or professional practice(s) by peer professionals.
(17) Retaliatory action--Any action intended
to inflict emotional or physical harm or inconvenience on an employee, agent,
or person served that is taken because he or she has reported abuse, neglect,
or exploitation. Retaliatory action includes, but is not limited to,
harassment, disciplinary measures, discrimination, reprimand, threat, and
criticism.
Notes
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