Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 415 - PROVIDER CLINICAL RESPONSIBILITIES-MENTAL HEALTH SERVICES › Subchapter G - DETERMINATION OF MANIFEST DANGEROUSNESS › Section 415.303 - 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) Adolescent--A person who is 13, 14, 15, 16, or 17 years of
											  age.
(2) Adult--A person who is 18 years of age or
											  older.
(3) Assessment of risk for manifest dangerousness--An age
											  and developmentally appropriate comprehensive evaluation of the commonly accepted risk factors for violence
											  and the results of evidence based tools that assess and/or measure risk of violence.
(4) Child--A person who is 12 years of age or younger.
(5) Commissioner--The commissioner of the Texas Department of State Health
											  Services or designee.
(6) DSHS--The Texas Department of State
											  Health Services.
(7) DSHS Dangerousness Review Board (DRB)--Five
											  mental health professionals impaneled in accordance with §
										415.305(e)
											  of this title (relating to Procedures and Requirements for All Review Boards) to conduct a hearing to
											  determine whether or not an individual served in the MSU/SAU is manifestly dangerous.
(8) Facility--Any state hospital, or a state center with an inpatient
											  component, that is operated by DSHS, excluding Waco Center for Youth.
(9) Facility CEO (chief executive officer)--The superintendent or director
											  of a facility or his/her designee.
(10) Facility review
											  board--Five mental health professionals impaneled in accordance with §
										415.305(e)
											  of this title to conduct a hearing to determine whether or not an individual served in a facility is
											  manifestly dangerous.
(11) Hearing--An oral proceeding conducted
											  by a review board in accordance with §
										415.305(g)
											  of this title in which evidence relating to an individual's possible manifest dangerousness is
											  heard.
(12) Independent evaluator--A licensed physician or mental
											  health professional (as defined) retained by an individual or LAR who conducts an evaluation or examination
											  of the individual.
(13) Individual--An adult or adolescent
											  committed to a facility (as defined) who is to be the subject of a hearing to determine manifest
											  dangerousness or who has been determined manifestly dangerousness in accordance with this
											  subchapter.
(14) LAR or legally authorized representative--A
											  person authorized by law to act on behalf of an individual with regard to a matter described in this
											  subchapter, and who may include a parent, guardian, or managing conservator of a minor individual, or a
											  guardian of an adult individual.
(15) Local authority--An entity
											  designated by the commissioner in accordance with the Texas Health and Safety Code, §
										533.035(a).
(16) Manifestly dangerous--The term used to describe an individual who,
											  despite receiving appropriate treatment, including treatment targeted to the individual's dangerousness,
											  remains likely to endanger others and requires a maximum security environment in order to continue treatment
											  and protect public safety.
(17) Mental health professional--A
											  person, licensed in the State of Texas, who has at least one year of experience as a provider of mental
											  health services within the past five years and who is:
(A) a licensed
											  physician who has successfully completed a psychiatric residency;
(B) a licensed psychologist or licensed psychological associate;
(C) a licensed master social worker (LMSW);
(D) a licensed registered nurse with a bachelor's degree in nursing with
											  American Nurses Credentialing Center (ANCC) certification in psychiatric/mental health nursing;
(E) an advanced practice registered nurse licensed to practice in the area
											  of psychiatric/mental health nursing; or
(F) a licensed
											  registered nurse with a master's degree in psychiatric/mental health nursing.