2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services › Chapter 48 - Investigations and Protective Services for Elderly Persons and Persons With Disabilities › Subchapter I. Employee Misconduct Registry › Section 48.401. Definitions

Sec. 48.401.  DEFINITIONS.  In this subchapter:
(1)  "Agency" means:
(A)  an entity licensed under Chapter 142, Health and Safety Code;
(B)  a person exempt from licensing under Section 142.003(a)(19) or (20), Health and Safety Code;
(C)  a facility licensed under Chapter 252, Health and Safety Code; or
(D)  a provider investigated by the department under Subchapter F or under Section 261.404, Family Code.
(2)  "Commissioner" means the commissioner of the Department of Family and Protective Services.
Text of subdivision effective until April 01, 2025
(3)  "Employee" means a person who:
(A)  works for:
(i)  an agency; or
(ii)  an individual employer participating in the consumer-directed service option, as defined by Section 531.051, Government Code;
(B)  provides personal care services, active treatment, or any other services to an individual receiving agency services, an individual who is a child for whom an investigation is authorized under Section 261.404, Family Code, or an individual receiving services through the consumer-directed service option, as defined by Section 531.051, Government Code; and
(C)  is not licensed by the state to perform the services the person performs for the agency or the individual employer participating in the consumer-directed service option, as defined by Section 531.051, Government Code.
Text of subdivision effective on April 01, 2025
(3)  "Employee" means a person who:
(A)  works for:
(i)  an agency; or
(ii)  an individual employer participating in the consumer-directed service option, as defined by Section 546.0101, Government Code;
(B)  provides personal care services, active treatment, or any other services to an individual receiving agency services, an individual who is a child for whom an investigation is authorized under Section 261.404, Family Code, or an individual receiving services through the consumer-directed service option, as defined by Section 546.0101, Government Code; and
(C)  is not licensed by the state to perform the services the person performs for the agency or the individual employer participating in the consumer-directed service option, as defined by Section 546.0101, Government Code.
(4)  "Employee misconduct registry" means the employee misconduct registry established under Chapter 253, Health and Safety Code.
(5)  "Reportable conduct" includes:
(A)  abuse or neglect that causes or may cause death or harm to an individual receiving agency services;
(B)  sexual abuse of an individual receiving agency services;
(C)  financial exploitation of an individual receiving agency services in an amount of $25 or more; and
(D)  emotional, verbal, or psychological abuse that causes harm to an individual receiving agency services.
Reenacted and amended by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 13.001, eff. September 1, 2011.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 363 (H.B. 2683), Sec. 10, eff. January 1, 2014.
Acts 2015, 84th Leg., R.S., Ch. 860 (S.B. 1880), Sec. 10, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1272 (S.B. 760), Sec. 18, eff. September 1, 2015.
Acts 2021, 87th Leg., R.S., Ch. 958 (S.B. 1808), Sec. 4, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 2.98, eff. April 1, 2025.