| (C) consensual sexual activity between an individual
and an attendant, staff person, or controlling person, unless a consensual
sexual relationship with an adult individual existed before the attendant,
staff person, or controlling person became an attendant, staff person,
or controlling person.
(43) Sexual activity--An activity that is sexual in
nature, including kissing, hugging, stroking, or fondling with sexual
intent.
(44) Sexual exploitation--A pattern, practice, or scheme
of conduct against an individual that can reasonably be construed
as being for the purposes of sexual arousal or gratification of any
person:
(A) which may include sexual contact; and
(B) does not include obtaining information about an
individual's sexual history within standard accepted clinical practice.
(45) Staff person--An employee, contractor, or volunteer
of a provider.
(46) State mental health facility--A Texas state hospital
or a state center with an inpatient psychiatric component.
(47) Substitute attendant--A person who, on a temporary
basis and in place of an attendant, provides services to an individual.
(48) Traditional service option--One of three CMPAS
Program service delivery and payment options. In the traditional service
option, the provider is the employer of record of the attendant and
substitute attendant.
(49) Verbal or emotional abuse--Any act or use of verbal
or other communication, including gestures:
(A) to:
(i) harass, intimidate, humiliate, or degrade an individual;
or
(ii) threaten an individual with physical or emotional
harm; and
(B) that:
(i) results in observable distress or harm to the individual;
or
(ii) is of such a serious nature that a reasonable
person would consider it harmful or a cause of distress.
(50) Working day--Any day except a Saturday, Sunday,
or national or state holiday listed in Texas Government Code §662.003(a)
or (b).
|
| Source Note: The provisions of this §275.3 adopted to be effective October 1, 2013, 38 TexReg 6606; amended to be effective May 23, 2016, 41 TexReg 3746; amended to be effective October 1, 2019, 44 TexReg 5106; transferred effective August 1, 2022, as published in the Texas Register July 8, 2022, 47 TexReg 3983 |
