Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 404 - PROTECTION OF CLIENTS AND STAFF-MENTAL HEALTH SERVICES › Subchapter E - RIGHTS OF PERSONS RECEIVING MENTAL HEALTH SERVICES › Section 404.153 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this subchapter, shall
													 have the following meanings, unless the context clearly indicates otherwise.
(1) Aversive conditioning--A highly restrictive behavior intervention
											  designed to eliminate undesirable behavior patterns through learned associations with unpleasant stimuli or
											  tasks.
(2) Behavior interventions--Interventions to increase
											  socially adaptive behavior and to modify maladaptive or problem behaviors and replace them with behaviors and
											  skills that are adaptive and socially productive. Also referred to as "behavior management," "behavior
											  training," "behavior therapy," and related terms.
(3) Community
											  center--A community mental health and mental retardation center established under the Texas Health and Safety
											  Code, Title 7, Chapter 534.
(4) Department--The Texas Department
											  of Mental Health and Mental Retardation.
(5) Department
											  facilities--The state hospitals and state centers which provide mental health services, and their respective
											  community-based programs.
(6) Emergency--A situation in which, in
											  the opinion of the treating physician, the immediate use of medication, or, in the opinion of the treating
											  physician or other appropriate professional, the immediate use of restrictive techniques is essential to
											  interrupt imminent physical danger to self or others.
(7) Ethics
											  Committee--A Texas Board of MHMR-approved body composed of clinicians, consumers, family members, and outside
											  experts convened for the purpose of reviewing and resolving issues surrounding clinical care and
											  treatment.
(8) Hospital--A general or special hospital as defined
											  in the Health and Safety Code, §
										241.003(4) and §
										241.003(11), that includes an
											  identifiable part of the hospital for the provision of mental health services.
(9) Informed consent--The knowing written consent of an individual or the
											  individual's legally authorized representative, so situated as to be able to exercise free power of choice
											  without undue inducement or any element of force, fraud, deceit, duress, or other form of constraint or
											  coercion. The basic elements of information necessary for informed consent include all of the following
											  presented in language or format easily understood by the individual:
(A) a
											  thorough explanation of the procedures to be followed and their purposes, including identification of any
											  experimental procedures;
(B) a description of any attendant
											  discomforts and reasonably expected risks;
(C) a description of
											  any reasonably expected benefits;
(D) a disclosure of any
											  appropriate alternative procedures as well as their reasonably expected risks and benefits, including those
											  that might result if no procedure is utilized;
(E) an offer to
											  answer any questions about the procedures; and
(F) an instruction
											  that the individual can withdraw consent and stop participating in the program or activity at any time
											  without prejudice to the individual. Withdrawal of consent may be in any form, including noncompliance,
											  active resistance, or a verbal or other expression of unwillingness to continue participating in any aspect
											  of the program.