Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 1 - MISCELLANEOUS PROVISIONS › Subchapter Q - INVESTIGATIONS OF ABUSE, NEGLECT, OR EXPLOITATION OF CHILDREN OR ELDERLY OR DISABLED PERSONS › Section 1.203 - 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) Agent--An
				  individual not employed by a facility but working under the auspices of the
				  facility, such as a volunteer, student, or consultant.
(2) Allegation--A report by a person
				  believing or having knowledge that a child has been or may be abused or
				  neglected in a facility or that an elderly or disabled person has been or may
				  be abused, neglected or exploited in a facility.
(3) Caretaker--An owner, operator, manager,
				  employee, or agent of a facility in which a patient or client is
				  located.
(4) Child--A person under
				  18 years of age who is not and has not been married or who has not had the
				  disabilities of minority removed for general purposes.
(5) Client--A child, disabled person or
				  elderly person receiving services in a facility.
(6) Clinical issues--Issues relating to
				  unsafe practice by a licensed health care professional or a violation of a
				  state law or rule relating to the licensure or practice of a licensed health
				  care professional.
(7) Confirmed--A
				  finding that an allegation of abuse, neglect, or exploitation is supported by
				  the preponderance of the evidence.
(8) Department--The Texas Department of
				  Health.
(9) Disabled person--A
				  person with a mental, physical, or developmental disability that substantially
				  impairs the person's ability to provide adequately for the person's care or
				  protection and who is either 18 years of age or older or who is under 18 years
				  of age and has the disabilities of minority removed.
(10) Elderly person--A person 65 years of age
				  or older.
(11) Facility--A facility
				  providing health care services which is operated, licensed, certified, or
				  registered by the department. Such facilities include licensed general or
				  special hospitals, licensed private psychiatric hospitals, licensed special
				  care facilities, licensed abortion facilities, licensed ambulatory surgical
				  centers, licensed birthing centers, licensed end stage renal disease
				  facilities, the two hospitals operated by the department, youth camps, and
				  public health clinics operated by the department. This term includes any owner,
				  operator, manager, employee, or agent of a facility.
(12) Guardian--Anyone named as "guardian of
				  the person" of a child, elderly person, or disabled person by a probate court
				  order.
(13) Inconclusive--A finding
				  that an allegation of abuse, neglect, or exploitation leads to no conclusion or
				  definite result due to a lack of witnesses or other relevant
				  evidence.
(14) Nonserious physical
				  injury--Any injury determined not to be serious by the examining physician.
				  Examples of nonserious injury may include superficial laceration, contusion, or
				  abrasion.
(15) Observable and
				  material impairment--Discernable and substantial damage or
				  deterioration.
(16) Patient--A
				  child, disabled person, or elderly person receiving health care services in a
				  facility.
(17) Perpetrator--The
				  person who has committed an act of abuse or neglect of a child or abuse,
				  neglect, or exploitation of an elderly or disabled person.
(18) Perpetrator unknown--The term used to
				  describe an incidence in which abuse, neglect, or exploitation is confirmed but
				  positive identification of the responsible person can not be made and in which
				  self injury has been eliminated as the cause.
(19) Preponderance of evidence--The greater
				  weight of evidence or evidence which is more credible and convincing to the
				  mind.
(20) Reporter--The person
				  filing a report of abuse, neglect, or exploitation, either the:
(A) victim of alleged abuse, neglect, or
				  exploitation;
(B) a third party
				  filing a report on behalf of the alleged victim; or
(C) both.