Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 414 - RIGHTS AND PROTECTIONS OF PERSONS RECEIVING MENTAL HEALTH SERVICES › Subchapter K - CRIMINAL HISTORY AND REGISTRY CLEARANCES › Section 414.503 - 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) Applicant--At the employer's discretion, either a person who is one of
											  a select number of final candidates for a position as an employee or volunteer or a person to whom the
											  employer intends to offer a position as an employee or volunteer. The term "applicant" does not include a
											  member of the Texas MHMR Board, a member of a local authority's or community center's board of trustees, or a
											  member of a facility's, local authority's, or community center's advisory committee that is not a public
											  responsibility committee (PRC).
(2) Community center--A community
											  mental health and mental retardation center established under the Texas Health and Safety Code, Title 7,
											  Chapter 534, Subchapter A.
(3) Consumer--An individual receiving
											  services from a facility, local authority, community center, or contract provider of residential
											  services.
(4) Conviction--The adjudication of guilt, plea of
											  guilty or nolo contendere, or the assessment of probation or community supervision for a violation of the
											  Penal Code.
(5) Facility--Any state hospital, state school, or
											  state center operated by TDMHMR, or TDMHMR Central Office.
(6)
											  Local authority--An entity designated by the TDMHMR commissioner in accordance with the Texas Health and
											  Safety Code, §
										533.035(a).
(7) Provider--Any entity or person who contracts with a facility, local
											  authority, or community center to deliver residential services to individuals with mental illness or mental
											  retardation who have been furloughed or discharged from a facility or community center as described in the
											  Texas Government Code, §
										411.115(b).
											  This does not include private ICF/MR or ICF/MR/RC providers.
(8)
											  Professional clinical intern--A person who is enrolled in a formal clinical rotation at a university/college
											  in a professional training program accredited by the appropriate licensing authority or board of examiners,
											  or is engaged in a recognized graduate level, clinical professional degree program. Professional degree
											  programs include, but are not limited to, clinical psychology, dentistry, medicine, nursing, occupational
											  therapy, pharmacy, physical therapy, psychiatry, and social work.
(9) Registry--
(A) The Nurse Aide
											  Registry maintained by the Texas Department of Human Services in accordance with §94.11 of Title 40
											  (relating to Registry, Findings, Inquiries); and
(B) the Employee
											  Misconduct Registry maintained by the Texas Department of Human Services in accordance with the Texas Health
											  and Safety Code, Chapter 253.