Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 301 - IDD-BH CONTRACTOR ADMINISTRATIVE FUNCTIONS › Subchapter M - ABUSE, NEGLECT, AND EXPLOITATION IN LOCAL AUTHORITIES AND COMMUNITY CENTERS › Section 301.655 - 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) Abuse--For purposes of
				  reporting allegations, the term is defined by the investigatory agency. For
				  purposes of classifying allegations as part of the TDMHMR Client Abuse and
				  Neglect Reporting System (CANRS), the term is defined in CANRS Definitions,
				  which is referenced as Exhibit A of § 414.562 of this title (relating to
				  Exhibits).
(2) Administrator--The
				  individual in charge of a local authority or community center, or
				  designee.
(3) Agent--Any individual
				  not employed by a local authority, community center, or contractor, but working
				  under the auspices of the local authority, community center, or contractor
				  (e.g., student, volunteer).
(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 by the investigatory agency or in CANRS Definitions, which is
				  referenced as Exhibit A in § 414.562 of this title.
(5) Clinical practice--Relates to the
				  demonstration of professional competence by a licensed professional.
(6) Community center--A community mental
				  health center, community mental retardation center, or community mental health
				  and mental retardation center, established under the Texas Health and Safety
				  Code, Title 7, Chapter 534, Subchapter A.
(7) Confirmed--The finding of an
				  investigation if there is a preponderance of credible evidence to support that
				  abuse, neglect, or exploitation occurred.
(8) Contractor--Any organization, entity, or
				  individual who contracts with a local authority or community center to provide
				  mental health or mental retardation services to a person served. The term
				  includes a local independent school district with which a local authority or
				  community centers has a memorandum of understanding (MOU) for educational
				  services.
(9) Contractor CEO--The
				  individual in charge of a contractor that has one or more employees excluding
				  the CEO.
(10) Exploitation--For
				  purposes of reporting allegations, the term is defined by the investigatory
				  agency. For purposes of classifying allegations as part of the TDMHMR CANRS,
				  the term is defined in CANRS Definitions, which is referenced as Exhibit A in
				  § 414.562 of this title.
(11)
				  Investigatory agency--An agency with statutory authority to investigate abuse,
				  neglect, and exploitation of a person served by a local authority, community
				  center, or contractor. For example, the Texas Department of Protective and
				  Regulatory Services investigates allegations in local authorities and community
				  centers (including intermediate care facilities for the mentally retarded or
				  persons with a related condition (ICF/MR or ICF/MR/RC) operated by a local
				  authority or community center) and all contractors of local authorities and
				  community centers except psychiatric hospitals; the Texas Department of Health
				  (TDH) investigates allegations in psychiatric hospitals; and the Texas
				  Commission on Alcohol and Drug Abuse (TCADA) investigates allegations in
				  TCADA-funded programs operated by a local authority or community center
				  pursuant to a contract with TCADA.
(12) Local authority--An entity designated by
				  the TDMHMR commissioner in accordance with the Texas Health and Safety Code,
				  §
										533.035(a).
(13) Neglect--For purposes of reporting
				  allegations, the term is defined by the investigatory agency. For purposes of
				  classifying allegations as part of the TDMHMR CANRS, the term is defined in
				  CANRS Definitions, which is referenced as Exhibit A in § 414.562 of this
				  title.
(14) Perpetrator--An
				  individual who has committed an act of abuse, neglect, or
				  exploitation.
(15) Person served--
(A) Any person with mental illness or mental
				  retardation receiving services from a local authority or community center or
				  through a contract with a local authority or community center who is registered
				  or assigned in the Client Assignment and Registration (CARE) system;
				  or
(B) any child or disabled person
				  as defined in the Human Resources Code, Chapter 48, who is otherwise receiving
				  services from a local authority or community center or through a contract with
				  a local authority or community center.