Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 417 - AGENCY AND FACILITY RESPONSIBILITIES › Subchapter K - ABUSE, NEGLECT, AND EXPLOITATION IN TDMHMR FACILITIES › Section 417.503 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this subchapter, have
													 the following meanings, unless the context clearly indicates otherwise:
(1) Adult Protective Services (APS) investigator--An employee of the Texas
											  Department of Protective and Regulatory Services (TDPRS) with expertise and demonstrated competence in
											  conducting investigations.
(2) Advanced practice nurse (APN)--A
											  registered nurse approved by the Board of Nurse Examiners for the State of Texas to practice as an advanced
											  practice nurse on the basis of completion of an advanced educational program. The term includes a nurse
											  practitioner, nurse midwife, nurse anesthetist, and clinical nurse specialist. The term is synonymous with
											  advanced nurse practitioner.
(3) Agent--Any individual not
											  employed by the facility but working under the auspices of the facility, (e.g., a volunteer, a
											  student).
(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
											  in this subchapter.
(5) Child--A person served under 18 years of
											  age who is not and has not been married or who has not had the disabilities of minority removed pursuant to
											  the Texas Family Code, Chapter 31.
(6) Clinical practice--Relates
											  to the demonstration of professional competence in nursing, dental, pharmacy, or medical practice as
											  described, respectively, in the Nursing Practice Act, Vocational Nurse Act, Dental Practice Act, Pharmacy
											  Practice Act, or Medical Practice Act.
(7) Confirmed--Term used
											  to describe an allegation which is determined to be supported by the preponderance of evidence.
(8) Contractor--Any organization, entity, or individual who contracts with
											  a facility to provide mental health and mental retardation services. The term includes a local independent
											  school district with which a facility has a memorandum of understanding (MOU) for educational
											  services.
(9) Designee--A staff member immediately available who
											  is temporarily or permanently appointed to assume designated responsibilities of the head of the
											  facility.
(10) Facility--A state hospital, state school, state
											  center, or other entity providing mental retardation or mental health services that is operated by the Texas
											  Department of Mental Health and Mental Retardation.
(11)
											  Guardian--An individual appointed and qualified as a guardian of the person under the Probate Code, Chapter
											  13.
(12) Head of the facility--The superintendent or executive
											  director of a facility, or designee. (If the superintendent or executive director is the alleged perpetrator,
											  then the designee assumes all responsibilities of the head of the facility described in this
											  subchapter.)
(13) Incitement--To spur to action or instigate into
											  activity; implies responsibility for initiating another's actions.
(14) Inconclusive--Term used to describe an allegation leading to no
											  conclusion or definite result due to lack of witnesses or other relevant evidence.
(15) Medical intervention--Treatment by a licensed medical doctor,
											  osteopath, podiatrist, dentist, physician's assistant, or advanced practice nurse (APN). For the purposes of
											  this subchapter, the term does not include first aid, an examination, diagnostics (e.g., x-ray, blood test),
											  or the prescribing of oral or topical medication.
(16)
											  Non-serious physical injury--Any injury requiring minor first aid and determined not to be serious by a
											  registered nurse, advanced practice nurse (APN), or physician.
(17) Office of Consumer Services and Rights Protection - Ombudsman--The
											  office located at the Texas Department of Mental Health and Mental Retardation's Central Office.
(18) Peer review--A review of clinical and/or medical practice(s) by peer
											  physicians; a review of clinical and/or dental practice(s) by peer dentists; a review of clinical and/or
											  pharmacy practice(s) by peer pharmacists; or a review of clinical and/or nursing practice(s) by peer
											  nurses.
(19) Perpetrator--A person who has committed an act of
											  abuse, neglect, or exploitation.
(20) Perpetrator unknown--Term
											  used to describe instances in which abuse, neglect, or exploitation is evident but positive identification of
											  the responsible person(s) cannot be made, and in which self-injury has been eliminated as the
											  cause.
(21) Person served--Any person registered or assigned in
											  the Client Assignment and Registration (CARE) system who is receiving services from a facility or
											  contractor.
(22) Preponderance of evidence--The greater weight of
											  evidence, or evidence which is more credible and convincing to the mind.
(23) PMAB or Prevention and Management of Aggressive Behavior--TDMHMR's
											  proprietary risk management program that uses the least intrusive, most effective options to reduce the risk
											  of injury for persons served and for staff from acts or potential acts of aggression.
(24) Primary contact--In cases in which the alleged victim is an adult with
											  mental retardation who is unable to authorize the disclosure of protected health information and who does not
											  have a guardian, the individual designated as the alleged victim's correspondent who receives all other
											  information about the alleged victim (e.g., spouse, parent).
(25)
											  Reporter--The individual who reports an allegation of abuse, neglect, or exploitation.
(26) Retaliatory action--Any action intended to inflict emotional or
											  physical harm or inconvenience on a person that is taken because the person has reported abuse, neglect, or
											  exploitation. This includes, but is not limited to, harassment, disciplinary measures, discrimination,
											  reprimand, threat, and criticism.
(27) Review authority--An
											  individual or panel of individuals who, at the discretion and request of the head of the facility, reviews
											  selected cases of abuse, neglect, or exploitation, including those that are confirmed, unconfirmed,
											  unfounded, or inconclusive. The review authority may include a member of the facility's public responsibility
											  committee.
(28) Serious physical injury--Any injury requiring
											  medical intervention or hospitalization or any injury determined to be serious by a physician or advanced
											  practice nurse (APN).
(29) TDMHMR--The Texas Department of Mental
											  Health and Mental Retardation.
(30) TDPRS--The Texas Department
											  of Protective and Regulatory Services.
(31) Unconfirmed--Term
											  used to describe an allegation in which a preponderance of evidence exists to prove that abuse, neglect, or
											  exploitation did not occur.
(32) Unfounded--Term used to describe
											  an allegation that is spurious or patently without factual basis.