reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 61 - CRIME VICTIMS' COMPENSATION › Subchapter F - MEDICAL CARE, PSYCHIATRIC CARE OR COUNSELING › Section 61.502 - Medical Reports and Records

Current through Reg. 49, No. 28; July 12, 2024
(a) The OAG may
				  require victims, claimants, or health care service providers to submit current
				  medical reports or records including information regarding the treatment,
				  diagnosis, and prognosis of the victim or claimant's condition. The OAG may
				  require a health care service provider to estimate the length of any disability
				  period or the extent of the physical impairment, and provide an opinion on the
				  victim's or claimant's ability to be employed. To verify treatment and
				  reasonableness of care, the OAG may require reports or records for medical
				  care, dental care, and psychiatric care or counseling.
(b) Costs for medical reports, records,
				  mental health forms, and copies shall be reimbursed to health care service
				  providers according to the Texas Department of Insurance, Division of Workers'
				  Compensation allowable medical fee guidelines for completion of a return to
				  work status report for the Texas Department of Insurance.
(c) Costs for medical reports, records,
				  mental health forms, and copies shall be reimbursed to the victim or claimant
				  for the actual expense incurred.
(d) A victim or claimant shall be subject at
				  all times to an independent physical or mental examination if requested by the
				  OAG and shall submit himself or herself to such further examination as the OAG
				  may require. The OAG shall pay the costs of such examination.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 61 - CRIME VICTIMS' COMPENSATION › Subchapter F - MEDICAL CARE, PSYCHIATRIC CARE OR COUNSELING › Section 61.503 - Psychiatric Care or Counseling Expenses

Current through Reg. 49, No. 28; July 12, 2024
(a) Pursuant to Texas Code of Criminal
				  Procedure Article 56.42(c), the OAG limits compensation for psychiatric care or
				  counseling to:
(1) for criminally injurious
				  conduct between October 12, 1992 and August 31, 1994, $3,000 or 40 sessions per
				  victim or $1,000 per eligible residing family members;
(2) for criminally injurious conduct between
				  September 1, 1994 and December 14, 2002, $3,000 or 40 sessions per victim or
				  claimant;
(3) for criminally
				  injurious conduct between December 15, 2002 and August 31, 2014, $3,000 per
				  victim or claimant; and
(4) for
				  criminally injurious conduct after September 1, 2014, 60 sessions per victim or
				  claimant.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 61 - CRIME VICTIMS' COMPENSATION › Subchapter F - MEDICAL CARE, PSYCHIATRIC CARE OR COUNSELING › Section 61.504 - Inpatient and Intensive Psychiatric Care or Counseling Expenses

Current through Reg. 49, No. 28; July 12, 2024
(a) Expenses
				  relating to the victim's inpatient psychiatric hospitalization, residential
				  treatment or intensive outpatient programs are limited to 30 days of treatment,
				  unless good cause is shown.
(b) The
				  OAG may require a written authorization prior to the victim's admission for
				  treatment before making an award.
(c) Psychiatric hospitals and residential
				  treatment centers must be licensed, certified or registered by the proper state
				  regulatory authority.
(d) Expenses
				  relating to inpatient psychiatric hospitalization, residential treatment or
				  intensive outpatient programs for treatment of a claimant are not considered
				  reasonable or necessary expenses under this chapter.
(e) A victim may receive compensation for the
				  following, at a limit determined by the OAG, pursuant to Texas Code of Criminal
				  Procedure Article 56.42(c):
(1) Admissions to
				  inpatient psychiatric hospitalization care made at the direction of a licensed
				  medical doctor will be paid. Expenses for inpatient psychiatric hospitalization
				  care are limited as follows:
(A) if the date
				  of the criminally injurious conduct was between September 1, 1994 and January
				  31, 1998, the expenses are limited to $400 per day with a maximum 30 day stay,
				  or $12,000, and includes room, board, medications, therapeutic
				  modalities;
(B) if the date of the
				  criminally injurious conduct was between February 1, 1998 and August 31, 2014,
				  the expenses are limited to $600 per day with a maximum 30 day stay, or
				  $18,000, and includes room, board, medications, therapeutic modalities;
				  or
(C) if the date of the
				  criminally injurious conduct was after September 1, 2014, the expenses will be
				  paid at the medical fee guidelines.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 61 - CRIME VICTIMS' COMPENSATION › Subchapter F - MEDICAL CARE, PSYCHIATRIC CARE OR COUNSELING › Section 61.505 - Reimbursement of Medical, Psychiatric Care or Counseling Expenses Paid by Victim or Claimant

Current through Reg. 49, No. 28; July 12, 2024
Pursuant to Texas Code of Criminal Procedure Article 56.34,
					 if circumstances require that the victim or claimant personally pay a medical,
					 or psychiatric care or counseling expense incurred as a direct result of
					 criminally injurious conduct or for emergency medical treatment, the OAG will
					 award compensation to the victim or claimant for the amount not compensated by
					 a collateral source.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 61 - CRIME VICTIMS' COMPENSATION › Subchapter F - MEDICAL CARE, PSYCHIATRIC CARE OR COUNSELING › Section 61.506 - Reimbursement of Expenses for Dental Services

Current through Reg. 49, No. 28; July 12, 2024
(a) Compensation for dental services shall be
				  subject to fair and reasonable guidelines. For dental services normally
				  associated with criminally injurious conduct, the OAG has determined that fair
				  and reasonable reimbursements will be paid at the amount published in the
				  current American Dental Association Survey of Dental Fees.
(b) Pre-treatment plans for dental services
				  are recommended, however examinations and x-rays do not require authorization
				  and may be compensated if they are reasonably and necessarily incurred as a
				  result of the criminally injurious conduct.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 61 - CRIME VICTIMS' COMPENSATION › Subchapter F - MEDICAL CARE, PSYCHIATRIC CARE OR COUNSELING › Section 61.507 - Payments to Health Care Service Providers

Current through Reg. 49, No. 28; July 12, 2024
(a) Failure to comply with any provision of
				  this chapter or Texas Code of Criminal Procedure Chapter 56 may subject a
				  health care service provider to a reduction or denial of payments, and any
				  other applicable penalties allowed by law.
(b) The OAG shall award compensation for out
				  of state health care services according to the Texas Department of Insurance,
				  Division of Workers' Compensation medical fee guidelines.
(c) To maximize efficiency, bills submitted
				  by service providers for $5 or less will not be processed. Service providers
				  are encouraged to combine bills of $5 or less to ensure payment can be
				  made.
(d) In the event a victim's
				  pecuniary losses for medically indicated services exceed the maximum aggregate
				  amount allowable for the application, the OAG may distribute awards of
				  compensation to the victim, claimant and service providers in the manner
				  requested by the victim or claimant.
(e) All payments to health care service
				  providers may be held until the application is processed in accordance with
				  Texas Code of Criminal Procedure Chapter 56 and all provisions of this
				  chapter.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 61 - CRIME VICTIMS' COMPENSATION › Subchapter F - MEDICAL CARE, PSYCHIATRIC CARE OR COUNSELING › Section 61.508 - Other Limits on Medical Expenses

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  OAG considers the following medical services to be reasonable and necessary as
				  a result of the personal injury caused by the criminally injurious conduct:
(1) the one time only repair or replacement
				  of medical or dental devices in use by the victim prior to the criminally
				  injurious conduct, if the device is damaged, lost or rendered unusable as a
				  result of the criminally injurious conduct; and
(2) the one time only purchase, or the
				  reasonable and necessary rental, for medically prescribed assistive or adaptive
				  items.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 61 - CRIME VICTIMS' COMPENSATION › Subchapter G - RELOCATION AND HOUSING RENTAL EXPENSES BENEFITS › Section 61.602 - Eligibility and Reimbursement for Relocation and Housing Rental Expenses Benefits

Current through Reg. 49, No. 28; July 12, 2024
(a) Pursuant to
				  Texas Code of Criminal Procedure Article 56.42(d), the OAG shall determine
				  eligibility for reimbursement of the reasonable and necessary costs for
				  relocation and housing rental expenses. A request for relocation and housing
				  rental expenses must be incurred within three years of the date of the
				  criminally injurious conduct unless the OAG determines that good cause exists
				  for an extension.
(b) A victim of
				  domestic violence that occurred between June 19, 1999, and August 31, 2001, may
				  receive reimbursement for relocation and housing rental expenses.
(c) A victim of family violence that occurred
				  on or after September 1, 2001, may receive reimbursement for relocation and
				  housing rental expenses.
(d) A
				  victim of sexual assault who is sexually assaulted in the victim's place of
				  residence on or after September 1, 2001, may receive reimbursement for
				  relocation and housing rental expenses.
(e) A victim of trafficking of persons on or
				  after September 1, 2013, may receive a reimbursement for relocation and housing
				  rental expenses.
(f) The OAG will
				  verify that the victim requesting this award is eligible by reviewing:
(1) the offense report submitted by a law
				  enforcement agency;
(2) a signed
				  copy of a protective order, including the application for a protective order,
				  pursuant to Texas Family Code Chapters 71, 81, 82 or Texas Code of Criminal
				  Procedure Chapter 7A or 7B; or
(3)
				  evidence of the relationship between the victim and the offender, if
				  necessary.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 61 - CRIME VICTIMS' COMPENSATION › Subchapter H - COMPENSATION TO CERTAIN DISABLED PEACE OFFICERS › Section 61.701 - Applicability and General Provisions

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Pursuant to Texas Code of Criminal Procedure Article 56.542, a peace officer or
				  a former peace officer, as defined therein, who, in the performance of the
				  officer's duties as a peace officer employed by the state or a local
				  governmental entity, sustains an injury as a result of criminally injurious
				  conduct on or after September 1, 1989, will be entitled to annual payments if
				  the peace officer's condition is a total disability that has persisted for more
				  than 12 months and results in a permanent incapacity for work. In order to be
				  eligible to receive annual payments, the peace officer must comply with the
				  application provisions of this chapter, and other applicable state laws and the
				  OAG will compute the amount of the annual payments in a manner consistent with
				  Texas Code of Criminal Procedure Chapter 56, the Texas Administrative Code, and
				  any other controlling law.
(b) A
				  disabled peace officer, determined to be eligible for benefits pursuant to
				  Texas Code of Criminal Procedure Article 56.542, may also be eligible for
				  compensation pursuant to Texas Code of Criminal Procedure Article 56.42. When a
				  peace officer is eligible to receive payments under both provisions, payments
				  pursuant to Texas Code of Criminal Procedure Article 56.42 will be exhausted
				  before payments will be made under Texas Code of Criminal Procedure Article
				  56.542.
(c) For purposes of this
				  subchapter, eligibility and award determinations will be made based on the law
				  that was in effect at the time the criminally injurious conduct occurred. The
				  date of the criminally injurious conduct is the date of the injury that
				  resulted in the disability of the peace officer. The date of the disability is
				  determined by the latter of the date of the injury or the date that the peace
				  officer is no longer able to perform the duties of a peace officer due to the
				  criminally injurious conduct.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 61 - CRIME VICTIMS' COMPENSATION › Subchapter H - COMPENSATION TO CERTAIN DISABLED PEACE OFFICERS › Section 61.702 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
For purposes of this subchapter, the following terms shall
					 have the following meanings:
(1) A
				  peace officer eligible to receive payments under Texas Code of Criminal
				  Procedure Article 56.542 is defined as an individual elected, appointed, or
				  employed to serve as a peace officer for a government entity under Texas Code
				  of Criminal Procedure Article 2.12 or other law, or is a former peace officer,
				  who suffers personal injury as a result of criminally injurious conduct while
				  performing duties as a peace officer.
(2) The terms "total disability" and
				  "permanent incapacity for work" are defined to mean a disability that
				  permanently incapacitates a peace officer from performing the usual and
				  customary duties of a peace officer.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 61 - CRIME VICTIMS' COMPENSATION › Subchapter H - COMPENSATION TO CERTAIN DISABLED PEACE OFFICERS › Section 61.703 - Eligibility

Current through Reg. 49, No. 28; July 12, 2024
Eligibility of a peace officer to receive benefits under
					 this subchapter shall be determined in accordance with the provisions and
					 requirements of Texas Code of Criminal Procedure Article
					 56.542.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 61 - CRIME VICTIMS' COMPENSATION › Subchapter H - COMPENSATION TO CERTAIN DISABLED PEACE OFFICERS › Section 61.704 - Supporting Evidence for Determination of Total Disability Resulting in Permanent Incapacity for Work

Current through Reg. 49, No. 28; July 12, 2024
(a) Any
				  one of the following will be sufficient evidence of total disability resulting
				  in permanent incapacity for work:
(1) a
				  determination of total and permanent disability by the Texas Department of
				  Insurance, Division of Workers' Compensation;
(2) a determination of total and permanent
				  disability by a Pension Board created pursuant to Texas Revised Civil Statutes
				  Article 6243d-1;
(3) a
				  determination of total and permanent disability by another governmental agency
				  authorized to make such a determination; or
(4) a determination of total and permanent
				  disability by an independent medical examination made at the request of the
				  OAG.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 61 - CRIME VICTIMS' COMPENSATION › Subchapter H - COMPENSATION TO CERTAIN DISABLED PEACE OFFICERS › Section 61.705 - Contents of Application

Current through Reg. 49, No. 28; July 12, 2024
(a) A disabled
				  peace officer must submit a completed, OAG approved application for
				  compensation to the Crime Victims' Compensation Program, Office of the Attorney
				  General, P.O. Box 12198, Austin, TX 78711-2198. An application is deemed
				  complete if:
(1) it is signed by the
				  applicant or his or her legal representative, attesting to the truthfulness,
				  accuracy, and completeness of the enclosed information; and
(2) all necessary documents are
				  provided.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 61 - CRIME VICTIMS' COMPENSATION › Subchapter H - COMPENSATION TO CERTAIN DISABLED PEACE OFFICERS › Section 61.706 - Computation of Award

Current through Reg. 49, No. 28; July 12, 2024
(a) If the OAG
				  determines that a disabled peace officer is eligible for an award under this
				  subchapter, the OAG will compute the amount of the annual payment based on the
				  average annual net salary, minus any amount from collateral sources, consistent
				  with the provisions of this subchapter and Texas Code of Criminal Procedure
				  Article 56.542 and in accordance with any other controlling provisions of state
				  law, including the Texas Constitution.
(b) The OAG shall add to the initial payment
				  amount the cumulative successive cost of living adjustment for the intervening
				  years computed from the date of injury.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 61 - CRIME VICTIMS' COMPENSATION › Subchapter J - ADMINISTRATIVE REMEDIES › Section 61.901 - Request for Reconsideration of an Adverse Action

Current through Reg. 49, No. 28; July 12, 2024
(a) Pursuant to Texas Code of Criminal
				  Procedure Article 56.47(a), a victim or claimant may request a reconsideration
				  of all or any part of the OAG's decision to make or deny an award on an
				  application or the amount of an award.
(b) Within 30 days of the date of the OAG's
				  adverse action, the victim or claimant must submit a signed, written request
				  for reconsideration stating the reasons for the request for reconsideration. If
				  the victim or claimant fails to file a written request for reconsideration of
				  the OAG's adverse action within the 30-day time period, the decision of the OAG
				  becomes binding and the victim or claimant waives the right to further
				  appeal.
(c) The OAG may not grant a
				  reconsideration if a request is not filed by the victim or claimant within the
				  30-day time period, unless the victim or claimant shows good cause for late
				  filing. The victim or claimant must provide to the OAG a signed, written
				  explanation showing good cause for failing to submit a written request for
				  reconsideration of the OAG's adverse action within the 30-day time period. If
				  the OAG does not find that good cause exists for late filing, the decision of
				  the OAG becomes binding and the victim or claimant waives the right to further
				  appeal.
(d) The OAG will provide
				  the victim or claimant a written notification of its reconsideration decision.
				  If the victim or claimant is dissatisfied with the reconsideration of the OAG's
				  award decision, the victim or claimant must file a signed, written request for
				  a hearing with the OAG within 30 days of the date of the reconsideration
				  decision. If the victim or claimant fails to file a written request for a
				  hearing within the 30-day time period, the reconsideration decision becomes
				  binding and the victim or claimant waives the right to a hearing.
(e) The right to request a reconsideration of
				  an OAG adverse action is reserved for victims or claimants. Service providers
				  do not have the right to appeal or request a reconsideration of any OAG adverse
				  action.
(f) A victim or claimant
				  who fails to exhaust all available administrative remedies waives the right to
				  seek judicial review.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 61 - CRIME VICTIMS' COMPENSATION › Subchapter J - ADMINISTRATIVE REMEDIES › Section 61.902 - Prehearing Conference

Current through Reg. 49, No. 28; July 12, 2024
At any time before a hearing is conducted, the hearing
					 officer may request a prehearing conference, either in person or by telephone,
					 with the victim, claimant, or his or her legal representative in order to
					 establish whether a hearing on an application for compensation is
					 necessary.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 61 - CRIME VICTIMS' COMPENSATION › Subchapter J - ADMINISTRATIVE REMEDIES › Section 61.904 - Judicial Review

Current through Reg. 49, No. 28; July 12, 2024
(a) To seek
				  judicial review pursuant to Texas Code of Criminal Procedure Article 56.48(a),
				  the victim or claimant must have exhausted all other available administrative
				  remedies provided in §
										RSA
				  61.901 and §
										RSA 61.903 of this
				  subchapter (relating to Request for Reconsideration of an Adverse Action and
				  Hearing), and must submit to the OAG a written notice of dissatisfaction with
				  the OAG's final decision from the hearing. The written notice of
				  dissatisfaction must be filed with the OAG not later than the 40th day after
				  the OAG renders a final decision from the hearing.
(b) Not later than the 40th day after the
				  victim or claimant gives the OAG notice of dissatisfaction with the OAG's final
				  decision from the hearing, the victim or claimant shall bring suit in a
				  district court having jurisdiction over the matter.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 61 - CRIME VICTIMS' COMPENSATION › Subchapter J - ADMINISTRATIVE REMEDIES › Section 61.905 - Attorney Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) Pursuant to
				  Texas Code of Criminal Procedure Article 56.43, the OAG shall determine and
				  award reasonable attorney fees to the attorney representing a victim or
				  claimant in dispute of an OAG compensation determination.
(b) If there is no hearing or dispute about
				  the amount awarded to the victim or claimant and the attorney only assists the
				  victim or claimant in filling out a CVC application for compensation, the
				  attorney fee shall be the lesser of either $300 or 25% of the amount of awarded
				  compensation.
(c) If the victim or
				  claimant disputes the amount awarded and the attorney represents the victim in
				  a reconsideration review or hearing, the OAG shall determine and award
				  reasonable attorney fees commensurate with legal services rendered. Attorney
				  fees for representation in a disputed claim shall not exceed 25% of the amount
				  the attorney assisted the victim or claimant in obtaining. To request payment
				  of attorney fees a written request for payment and the following documentation
				  must be submitted to CVC by the attorney:
(1)
				  an "Attorney's Statement Regarding Fees" form provided by the OAG;
				  and
(2) an itemized statement of
				  legal services rendered.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 61 - CRIME VICTIMS' COMPENSATION › Subchapter K - ADDRESS CONFIDENTIALITY PROGRAM › Section 61.1060 - Withdrawal From Participation

Current through Reg. 49, No. 28; July 12, 2024
A participant may withdraw from participation in the ACP by
					 submitting to the OAG a Withdrawal From Participation form signed by the
					 participant.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 62 - SEXUAL ASSAULT PREVENTION AND CRISIS SERVICES › Subchapter A - SEXUAL ASSAULT NURSE EXAMINER CERTIFICATION AND SEXUAL ASSAULT NURSE EXAMINER TRAINING PROGRAM CERTIFICATION › Section 62.1 - Scope and Construction of Rules

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  This subchapter is intended to apply to the administration of the Sexual
				  Assault Nurse Examiner Certification under the Sexual Assault Prevention and
				  Crisis Services (SAPCS) Act, Texas Government Code, Chapter 420.
(b) If good cause is established to show that
				  compliance with any part of this subchapter may result in an injustice to any
				  party, these rules may be waived at the discretion of the chief.
(c) The Office of the Attorney General (OAG)
				  may review, audit, or investigate any information submitted by any individual
				  or entity pursuant to this subchapter.
(d) This subchapter is intended to effectuate
				  the purpose of Texas Government Code, Chapter 420 regarding the minimum
				  standards for the certification, suspension, decertification or probation of a
				  sexual assault nurse examiner (SANE), the standards for examiner training
				  courses, and for the interstate reciprocity of SANEs.
(e) These are the minimum standards and are
				  not intended to represent the best possible practices or highest possible
				  standards of a SANE.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 62 - SEXUAL ASSAULT PREVENTION AND CRISIS SERVICES › Subchapter A - SEXUAL ASSAULT NURSE EXAMINER CERTIFICATION AND SEXUAL ASSAULT NURSE EXAMINER TRAINING PROGRAM CERTIFICATION › Section 62.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following terms and abbreviations, when used in this
					 subchapter, shall have the following meanings, unless the context clearly
					 indicates otherwise:
(1) Chief--As
				  used in this subchapter means the division chief of the OAG's Crime Victim
				  Services Division.
(2) OAG--The
				  Office of the Attorney General.
(3)
				  OAG Sexual Assault Nurse Examiner (OAG SANE)--A person who holds an OAG SANE
				  certification.
(4) OAG Sexual
				  Assault Nurse Examiner Training Program (OAG SANE Training Program)--A training
				  program approved by the OAG to provide Sexual Assault Nurse Examiner
				  training.
(5) OAG SANE
				  Certification--The formal process by which the OAG reviews and approves
				  requests for OAG SANE Certification from qualified applicants set forth under
				  this subchapter and on the OAG website.
(6) OAG SANE Certification Renewal--The
				  formal process by which the OAG reviews and approves requests for OAG SANE
				  Certification from an individual with a current OAG SANE Certification that
				  continues to meet the minimum standards for OAG Certification set forth under
				  this subchapter and on the OAG website.
(7) OAG SANE Training Program
				  Certification--The formal process by which the OAG reviews and approves
				  requests for OAG SANE Training Program Certification from qualified applicants
				  set forth under this subchapter and on the OAG website.
(8) OAG SANE Training Program Renewal--The
				  formal process by which the OAG reviews and approves requests for OAG SANE
				  Training Program Certification from a training program with a current OAG SANE
				  Training Program Certification that continues to meet the minimum standards for
				  OAG certification set forth under this subchapter and on the OAG
				  website.
(9) Registered Nurse
				  (RN)--A person who holds an active, unencumbered professional nursing license
				  as a registered nurse issued by the Texas Board of Nursing, including an RN who
				  practices in Texas pursuant to any multistate licensure privilege.
(10) Sexual Assault Medical Forensic
				  Examination--A specialized examination provided pursuant to Texas Government
				  Code, Chapter 420, that uses an OAG-approved evidence collection kit and
				  protocol.
(11) Sexual Assault Nurse
				  Examiner (SANE)--A nurse who conducts sexual assault forensic medical
				  examinations but does not hold an OAG SANE certification.
(12) Texas Board of Nursing (BON)--The Texas
				  state agency responsible for regulating the practice of professional nursing,
				  pursuant to the Nursing Practice Act, Texas Occupations Code.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 62 - SEXUAL ASSAULT PREVENTION AND CRISIS SERVICES › Subchapter A - SEXUAL ASSAULT NURSE EXAMINER CERTIFICATION AND SEXUAL ASSAULT NURSE EXAMINER TRAINING PROGRAM CERTIFICATION › Section 62.3 - Standards for OAG SANE Training Program Certification

Current through Reg. 49, No. 28; July 12, 2024
(a) For a SANE training program to become
				  certified as an OAG SANE Training Program, the program shall at a minimum,
				  include provisions for the following:
(1)
				  training, including but not limited to the following topics: dynamics of sexual
				  assault, maltreatment of special populations, multidisciplinary team response
				  to sexual assault, role of the advocate, historical perspective of the sexual
				  assault nurse examiner, role and responsibilities of the SANE, vicarious
				  trauma, regulatory laws and standards, criminal justice system and court
				  appearances, the sexual assault medical forensic examination, treatment
				  modalities and nursing care;
(2)
				  clinical requirements; and
(3)
				  courtroom observation requirements.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 62 - SEXUAL ASSAULT PREVENTION AND CRISIS SERVICES › Subchapter A - SEXUAL ASSAULT NURSE EXAMINER CERTIFICATION AND SEXUAL ASSAULT NURSE EXAMINER TRAINING PROGRAM CERTIFICATION › Section 62.4 - OAG SANE and OAG SANE Training Program Certification Process

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicants may seek an OAG SANE
				  certification for adult/adolescent OAG SANE certification (CA-SANE) or
				  pediatric OAG SANE certification (CP-SANE).
(b) To apply for an OAG SANE or OAG SANE
				  Training Program certification, an applicant must meet the eligibility
				  requirements specified for the certification and submit a written application
				  with all required documentation, as described on the OAG website.
(c) All complete applications will be
				  reviewed by the OAG for compliance with this subchapter. The applicant will be
				  notified if an application is incomplete and the applicant may be asked to
				  provide clarification or additional information.
(d) The OAG will make a decision on all
				  complete applications and notify an applicant of the decision in
				  writing.
(e) An applicant who has
				  been denied an OAG certification may appeal using the process described in this
				  subchapter.
(f) An OAG SANE or OAG
				  SANE Training Program certification is valid for two years from the date it is
				  issued.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 62 - SEXUAL ASSAULT PREVENTION AND CRISIS SERVICES › Subchapter A - SEXUAL ASSAULT NURSE EXAMINER CERTIFICATION AND SEXUAL ASSAULT NURSE EXAMINER TRAINING PROGRAM CERTIFICATION › Section 62.5 - OAG SANE Certification Eligibility

Current through Reg. 49, No. 28; July 12, 2024
(a) To be eligible for an OAG SANE
				  certification, an RN must:
(1) hold a current
				  and unencumbered license with the Texas BON;
(2) have a minimum of two years direct
				  contact with patients as an RN within the last five years at the time the
				  application for initial certification is submitted; and
(3) have completed an OAG SANE Training
				  Program, including training, clinical requirements for the appropriate OAG SANE
				  certification, and courtroom observation requirements, as described on the OAG
				  website.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 62 - SEXUAL ASSAULT PREVENTION AND CRISIS SERVICES › Subchapter A - SEXUAL ASSAULT NURSE EXAMINER CERTIFICATION AND SEXUAL ASSAULT NURSE EXAMINER TRAINING PROGRAM CERTIFICATION › Section 62.6 - Renewal of an OAG SANE Certification

Current through Reg. 49, No. 28; July 12, 2024
(a) An
				  application for renewal for an OAG SANE certification must be submitted and
				  received by the OAG prior to the expiration of the existing OAG SANE
				  certification.
(b) To be eligible
				  to renew an OAG SANE certification, an RN must:
(1) hold a current and unencumbered license
				  with the Texas BON;
(2) hold a
				  current OAG SANE certification; and
(3) have completed the currency of practice
				  requirements, as described on the OAG website.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 62 - SEXUAL ASSAULT PREVENTION AND CRISIS SERVICES › Subchapter A - SEXUAL ASSAULT NURSE EXAMINER CERTIFICATION AND SEXUAL ASSAULT NURSE EXAMINER TRAINING PROGRAM CERTIFICATION › Section 62.7 - Interstate Reciprocity

Current through Reg. 49, No. 28; July 12, 2024
(a) Registered
				  nurses from other party or compact states, as recognized by the BON, may apply
				  for an OAG SANE certification.
(b)
				  To be eligible, an RN must:
(1) hold a
				  current and unencumbered license with the Texas BON; and
(2) meet the standards for an OAG SANE
				  certification.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 62 - SEXUAL ASSAULT PREVENTION AND CRISIS SERVICES › Subchapter A - SEXUAL ASSAULT NURSE EXAMINER CERTIFICATION AND SEXUAL ASSAULT NURSE EXAMINER TRAINING PROGRAM CERTIFICATION › Section 62.8 - Changes in Eligibility for OAG SANE Certification

Current through Reg. 49, No. 28; July 12, 2024
(a) An OAG SANE must notify the OAG, in
				  writing, of any potential violation of the good professional character
				  provisions used to determine eligibility and disciplinary matters as defined by
				  the BON within five calendar days of the violation.
(b) Reportable events include any adverse
				  licensure action by the BON or other state licensing authority.
(c) Failing to report a possible change in
				  eligibility may result in suspension or revocation of an OAG SANE
				  certification.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 62 - SEXUAL ASSAULT PREVENTION AND CRISIS SERVICES › Subchapter A - SEXUAL ASSAULT NURSE EXAMINER CERTIFICATION AND SEXUAL ASSAULT NURSE EXAMINER TRAINING PROGRAM CERTIFICATION › Section 62.9 - OAG SANE Training Program Certification Eligibility

Current through Reg. 49, No. 28; July 12, 2024
(a) To be eligible for an OAG SANE Training
				  Program Certification, a SANE training program must:
(1) substantially provide the same training
				  components as the OAG SANE Training Program for the appropriate OAG SANE
				  certification, as described on the OAG website; and
(2) be recognized by a credentialing agency
				  that is approved by the BON.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 62 - SEXUAL ASSAULT PREVENTION AND CRISIS SERVICES › Subchapter A - SEXUAL ASSAULT NURSE EXAMINER CERTIFICATION AND SEXUAL ASSAULT NURSE EXAMINER TRAINING PROGRAM CERTIFICATION › Section 62.10 - Renewal of OAG SANE Training Program Certification

Current through Reg. 49, No. 28; July 12, 2024
(a) An application for renewal of an OAG SANE
				  Training Program certification must be submitted and received by the OAG prior
				  to the expiration of the existing OAG SANE Training Program
				  certification.
(b) To be eligible
				  to renew an OAG SANE Training Program certification, the program must hold a
				  current SANE Training Program certification.
(c) If the renewal application is received
				  prior to expiration of the OAG SANE Training Program certification, the
				  certification shall continue in effect until the OAG makes a decision regarding
				  the renewal.
(d) If the OAG SANE
				  Training Program does not submit a renewal application prior to the expiration
				  of the OAG SANE Training Program certification, the OAG SANE Training Program
				  certification expires.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 62 - SEXUAL ASSAULT PREVENTION AND CRISIS SERVICES › Subchapter A - SEXUAL ASSAULT NURSE EXAMINER CERTIFICATION AND SEXUAL ASSAULT NURSE EXAMINER TRAINING PROGRAM CERTIFICATION › Section 62.11 - Changes in Eligibility for OAG SANE Training Program Certification

Current through Reg. 49, No. 28; July 12, 2024
An OAG SANE Training Program must notify the OAG of any
					 changes which may result in the training program's failure to meet standards
					 set forth under this subchapter and on the OAG website.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 62 - SEXUAL ASSAULT PREVENTION AND CRISIS SERVICES › Subchapter A - SEXUAL ASSAULT NURSE EXAMINER CERTIFICATION AND SEXUAL ASSAULT NURSE EXAMINER TRAINING PROGRAM CERTIFICATION › Section 62.12 - Denial, Suspension, Decertification or Probation of OAG SANE or SANE Training Program Certification

Current through Reg. 49, No. 28; July 12, 2024
(a) An
				  OAG SANE or OAG SANE Training Program certification may be denied, suspended,
				  decertified or placed on probationary status for:
(1) failure to meet certification application
				  requirements;
(2) failure to meet
				  eligibility requirements;
(3)
				  failure to timely report changes in eligibility;
(4) submission of false or forged
				  documentation in support of the certification; or
(5) any other reason identified by the
				  OAG.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 62 - SEXUAL ASSAULT PREVENTION AND CRISIS SERVICES › Subchapter B - SEXUAL ASSAULT TRAINING PROGRAM CERTIFICATION › Section 62.50 - Scope and Construction of Rules

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  This subchapter is intended to apply to the administration of the Sexual
				  Assault Training Program Certification under the Sexual Assault Prevention and
				  Crisis Services (SAPCS) Act, Texas Government Code, Chapter 420.
(b) If good cause is established to show that
				  compliance with any part of this subchapter may result in an injustice to any
				  party, these rules may be waived at the discretion of the chief.
(c) The Office of the Attorney General (OAG)
				  may review, audit, or investigate any information submitted by any entity
				  pursuant to this subchapter.
(d)
				  This subchapter is intended to effectuate the purpose of Texas Code of Criminal
				  Procedure Article 56.045 regarding the presence of an advocate or
				  representative during a forensic medical examination for the collection of
				  evidence for an alleged sexual assault.
(e) This subchapter is intended to effectuate
				  the purposes of SAPCS Act by promoting the development throughout the state of
				  locally based and supported nonprofit programs for the survivors of sexual
				  assault and to standardize the quality of services provided.
(f) These are the minimum standards and are
				  not intended to represent the best possible practices or highest possible
				  standards of a Sexual Assault Training Program.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 62 - SEXUAL ASSAULT PREVENTION AND CRISIS SERVICES › Subchapter B - SEXUAL ASSAULT TRAINING PROGRAM CERTIFICATION › Section 62.51 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following terms and abbreviations, when used in this
					 subchapter, shall have the following meanings, unless the context clearly
					 indicates otherwise:
(1) Chief--As
				  used in this subchapter means the division chief of the OAG's Crime Victim
				  Services Division.
(2) Local
				  program--A sexual assault program as defined by Texas Government Code, §
										RSA
				  420.003.
(3) Minimum Services--The following services
				  to address sexual assault:
(A) a 24 hour
				  crisis hotline;
(B) crisis
				  intervention;
(C) public
				  education;
(D) advocacy;
				  and
(E) accompaniment to hospitals,
				  law enforcement offices, prosecutors' offices, and courts.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 62 - SEXUAL ASSAULT PREVENTION AND CRISIS SERVICES › Subchapter B - SEXUAL ASSAULT TRAINING PROGRAM CERTIFICATION › Section 62.52 - Standards for OAG Sexual Assault Training Program Certification

Current through Reg. 49, No. 28; July 12, 2024
(a) A local program
				  to become certified as an OAG Sexual Assault Training program shall provide at
				  least forty (40) hours of training, including but not limited to the following
				  topics: dynamics of sexual assault, system response, prevention, working with
				  survivors, local program information, forensic medical examinations for the
				  collection of evidence, and the role of an advocate during the sexual assault
				  forensic medical examination.
(b) A
				  local program, at a minimum, shall include provisions for training employees or
				  volunteers of a local program who provide any of the minimum services to
				  address sexual assault.
(c) A local
				  program shall train any advocate or individual who may be present during a
				  forensic medical examination for the collection of evidence for an alleged
				  sexual assault.
(d) A local program
				  may also train other individuals regardless of their relationship or
				  affiliation with the local program.
(e) Additional information regarding the OAG
				  Sexual Assault Training Program certification process requirements and the
				  minimum standards is described on the OAG website.
(f) In developing the minimum standards for
				  an OAG Sexual Assault Training Program, the OAG shall consult with individuals
				  and organizations having knowledge and experience relating to sexual
				  assault.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 62 - SEXUAL ASSAULT PREVENTION AND CRISIS SERVICES › Subchapter B - SEXUAL ASSAULT TRAINING PROGRAM CERTIFICATION › Section 62.53 - OAG Sexual Assault Training Program Certification Process

Current through Reg. 49, No. 28; July 12, 2024
(a) To apply for an
				  OAG Sexual Assault Training Program certification, an applicant must meet the
				  eligibility specified for the OAG Sexual Assault Training Program certification
				  and submit a written application and the required documentation as described on
				  the OAG website.
(b) All complete
				  applications will be reviewed by the OAG for compliance with this subchapter.
				  The applicant will be notified if an application is incomplete and the
				  applicant may be asked to provide clarification or additional
				  information.
(c) The OAG will make
				  a decision on all complete applications and notify an applicant of the decision
				  in writing.
(d) A local program who
				  has been denied an OAG Sexual Assault Training Program certification may appeal
				  using the process described in this subchapter.
(e) An OAG Sexual Assault Training Program
				  certification is valid for two years from the date it is issued.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 62 - SEXUAL ASSAULT PREVENTION AND CRISIS SERVICES › Subchapter B - SEXUAL ASSAULT TRAINING PROGRAM CERTIFICATION › Section 62.54 - Changes in Eligibility

Current through Reg. 49, No. 28; July 12, 2024
An OAG Sexual Assault Training Program must notify the OAG
					 of any changes which may result in the local program's failure to meet
					 standards set forth by this subchapter and on the OAG
					 website.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 62 - SEXUAL ASSAULT PREVENTION AND CRISIS SERVICES › Subchapter B - SEXUAL ASSAULT TRAINING PROGRAM CERTIFICATION › Section 62.55 - Renewal of OAG Sexual Assault Training Program Certification

Current through Reg. 49, No. 28; July 12, 2024
(a) An application for renewal of an OAG
				  Sexual Assault Training Program certification must be submitted and received by
				  the OAG prior to the expiration of the existing certification.
(b) To be eligible to renew an OAG Sexual
				  Assault Training Program certification, the local program must hold a current
				  OAG Sexual Assault Training Program certification.
(c) If the local program does not submit a
				  renewal application prior to the expiration of the OAG Sexual Assault Training
				  Program certification, the OAG Sexual Assault Training Program certification
				  expires.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 62 - SEXUAL ASSAULT PREVENTION AND CRISIS SERVICES › Subchapter B - SEXUAL ASSAULT TRAINING PROGRAM CERTIFICATION › Section 62.56 - Denial, Suspension, Decertification or Probation of a Sexual Assault Training Program Certification

Current through Reg. 49, No. 28; July 12, 2024
(a) An
				  OAG Sexual Assault Training Program certification may be denied, suspended,
				  decertified or placed on probationary status for:
(1) failure to meet certification application
				  requirements;
(2) failure to meet
				  eligibility requirements;
(3)
				  failure to timely report changes in eligibility;
(4) submission of false or forged
				  documentation in support of the certification; or
(5) any other reason identified by the
				  OAG.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 62 - SEXUAL ASSAULT PREVENTION AND CRISIS SERVICES › Subchapter C - SEXUAL ASSAULT PROGRAM GRANTS › Section 62.101 - Construction of Rules

Current through Reg. 49, No. 28; July 12, 2024
(a) Unless
				  otherwise noted, these rules apply to all SAPCS funded sexual assault programs.
				  If good cause is established to show that compliance with these rules may
				  result in an injustice to any interested person, the rules may be suspended at
				  the discretion of the OAG.
(b)
				  These rules do not apply to the extent of any conflict with a federal law or a
				  duly enacted federal regulation applicable to a federally funded SAPCS
				  grant.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 62 - SEXUAL ASSAULT PREVENTION AND CRISIS SERVICES › Subchapter C - SEXUAL ASSAULT PROGRAM GRANTS › Section 62.102 - Source of Funds

Current through Reg. 49, No. 28; July 12, 2024
(a) SAPCS funds
				  originate from federal and state sources.
(b) The source of state funds is a biennial
				  appropriation by the Texas Legislature.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 62 - SEXUAL ASSAULT PREVENTION AND CRISIS SERVICES › Subchapter C - SEXUAL ASSAULT PROGRAM GRANTS › Section 62.103 - Availability of Funds

Current through Reg. 49, No. 28; July 12, 2024
All funding is contingent upon the appropriation of funds
					 by the United States Congress and the Texas Legislature and upon approval of an
					 application for funds by the OAG.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 62 - SEXUAL ASSAULT PREVENTION AND CRISIS SERVICES › Subchapter C - SEXUAL ASSAULT PROGRAM GRANTS › Section 62.104 - Purpose of Funds and Grant Funding Decisions

Current through Reg. 49, No. 28; July 12, 2024
(a) The purpose of the SAPCS program is to
				  maintain or expand the existing services of a sexual assault program and any
				  other purposes consistent with Texas Government Code, Chapter 420 or other
				  federal grant programs.
(b) The OAG
				  may use a funding method to determine the amount of funding a sexual assault
				  program may receive in its grant contract.
(c) The OAG reserves the right to give
				  priority to sexual assault programs that provide direct victim services with
				  grant funds, that provide information and education, or that utilize
				  volunteers.
(d) Within its
				  discretion, the OAG shall determine the manner and procedure for making funding
				  decisions that support the efficient and effective use of public
				  funds.