The following words and terms, when used in this chapter, have
the following meanings, unless the context clearly indicates otherwise:
(1) Abuse--An act or failure to act that, with regard
to an individual, meets the definition of "physical abuse," "sexual
abuse," or "verbal/emotional abuse" in Chapter 711,
Subchapter A of this title (relating to Introduction), or the definition
of "abuse," "physical abuse," "sexual abuse," "verbal
abuse," "psychological abuse," or "threat"
in the Centers for Medicare & Medicaid Services (CMS) State Operations
Manual, Appendix J, Guidance to Surveyors: Intermediate Care Facilities
for Individuals with Intellectual Disabilities, available at www.cms.gov.
(2) Administrative death review--An administrative,
quality-assurance activity related to the death of an individual to
identify non-clinical problems requiring correction and opportunities
to improve the quality of care at a facility.
(3) Allegation--A report by a person suspecting or
having knowledge that an individual has been or is in a state of abuse,
neglect, or exploitation as defined in this chapter.
(4) Alleged offender--An individual who was committed
or transferred to a facility:
(A) under Texas Code of Criminal Procedure, Chapters
46B or 46C, as a result of being charged with or convicted of a criminal
offense; or
(B) under Texas Family Code, Chapter 55, as a result
of being alleged by petition or having been found to have engaged
in delinquent conduct constituting a criminal offense.
(5) Applicant--A person who has applied to be an employee,
volunteer, or unpaid professional intern.
(6) Attending physician--The physician who has primary
responsibility for the treatment and care of an individual.
(7) Bedroom--The room at a facility in which an individual
usually sleeps.
(8) Behavioral crisis--An imminent safety situation
that places an individual or others at serious risk of violence or
injury if no intervention occurs.
(9) CANRS--The client abuse and neglect reporting system
maintained by DADS Consumer Rights and Services.
(10) Capacity--An individual's ability to:
(A) understand the nature and consequences of a proposed
treatment, including the benefits, risks, and alternatives to the
proposed treatment; and
(B) make a decision whether to undergo the proposed
treatment.
(11) Chemical restraint--Any drug prescribed or administered
to sedate an individual or to temporarily restrict an individual's
freedom of movement for the purpose of managing the individual's behavior.
(12) Child--An individual less than 18 years of age
who is not and has not been married and who has not had the disabilities
of minority removed pursuant to Texas Family Code, Chapter 31.
(13) Clinical death review--A clinical, quality-assurance,
peer review activity related to the death of an individual and conducted
in accordance with statutes that authorize peer review in Texas to
identify clinical problems requiring correction and opportunities
to improve the quality of care at a facility.
(14) Clinical practice--The demonstration of professional
competence in nursing, dental, pharmacy, or medical practice as described
in the relevant chapter of the Texas Occupations Code.
(15) Confirmed--Term used to describe an allegation
that DFPS determines is supported by a preponderance of the evidence.
(16) Contractor--A person who contracts with a facility
to provide services to an individual, including an independent school
district that provides educational services at the facility.
(17) Conviction--The adjudication of guilt for a criminal
offense.
(18) Covert electronic monitoring--Electronic monitoring
that is not open and obvious, and that is conducted when the director
of the facility in which the monitoring is being conducted has not
been informed about the device by the individual, by a person who
placed the device in the bedroom, or by a person who uses the device.
(19) Crisis intervention--The use of interventions,
including physical, mechanical, or chemical restraint, in a behavioral
crisis, after less restrictive measures have been determined to be
ineffective or not feasible.
(20) Crisis intervention plan--A component of the individual
support plan (ISP) action plan that provides instructions for staff
on how to effectively and safely use restraint procedures, as long
as they are needed to prevent imminent physical injury in a behavioral
crisis when less restrictive prevention or de-escalation procedures
have failed and the individual's behavior continues to present an
imminent risk of physical injury. The plan is developed with input
from the PCP and direct support professionals familiar with the individual
and the individual and LAR and includes a description of how the individual
behaves during a behavioral crisis, along with information about the
types of restraints that have been most effective with the individual,
staff actions to be avoided because they have been ineffective in
the past in preventing or reducing the need for restraints, the restraint's
maximum duration, a description of the behavioral criteria for determining
when the imminent risk of physical injury abates, and reporting requirements.
A crisis intervention plan is not considered a therapeutic intervention.
It is implemented only to ensure that restraint procedures are carried
out effectively and safely and may be adjusted depending upon the
individual's progress in the ISP action plan.
(21) DADS--Department of Aging and Disability Services
or its successor agency.
(22) DADS Commissioner--The commissioner of DADS or
a position at the Health and Human Services Commission that assumes
a duty of the commissioner of DADS described in this chapter.
(23) Deferred adjudication--Has the meaning given to "community
supervision" in Texas Code of Criminal Procedure, Article 42.12, §2.
(24) Designated representative--A person designated
by an individual or an individual's LAR to be a spokesperson or advocate
for the individual.
(25) DFPS--Department of Family and Protective Services
or its successor agency.
(26) Director--The director of a facility or the director's
designee.
(27) Direct support professional--An unlicensed employee
who directly provides services to an individual.
(28) Electronic monitoring--The placement of an electronic
monitoring device in an individual's bedroom and making a tape or
a recording with the device.
(29) Electronic monitoring device (EMD)--A device that:
(A) includes:
(i) a video surveillance camera; and
(ii) an audio device designed to acquire communications
or other sounds; and
(B) does not include an electronic, mechanical, or
other device that is specifically used for the nonconsensual interception
of wire or electronic communications.
(30) Employee--A person employed by DADS whose assigned
duty station is at a facility.
(31) Exploitation--An act or failure to act that, with
regard to an individual, meets the definition of "exploitation"
in Chapter 711, Subchapter A of this title (relating to Introduction),
or the definition of "mistreatment" in the CMS State Operations
Manual, Appendix J, Guidance to Surveyors: Intermediate Care Facilities
for Individuals with Intellectual Disabilities, available at www.cms.gov.
(32) Facility--A state supported living center or the
intermediate care facility for individuals with an intellectual disability
component of the Rio Grande State Center.
(33) Family member--An individual's parent, spouse,
children, or siblings.
(34) Forensic facility--A facility designated under
Texas Health and Safety Code (THSC), §555.002(a) for the care
of high-risk alleged offenders.
(35) Guardian--An individual appointed and qualified
as a guardian of the person under Texas Estates Code, Title 3.
(36) High-risk alleged offender--An alleged offender
who has been determined to be at risk of inflicting substantial physical
harm to another person in accordance with THSC §555.003.
(37) Inconclusive--Term used to describe an allegation
when there is not a preponderance of credible evidence to indicate
that abuse, neglect, or exploitation did or did not occur due to lack
of witnesses or other available evidence.
(38) Independent mortality review organization--An
independent organization designated in accordance with Texas Government
Code, Chapter 531, Subchapter U, to review the death of an individual.
Cont'd... |