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 L - ABUSE, NEGLECT, AND EXPLOITATION IN LOCAL AUTHORITIES AND COMMUNITY CENTERS › Section 414.553 - 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.