The following words and terms, when used in this subchapter
(relating to Criminal History and Registry Checks for MRAs and Community
Centers), have the following meanings, unless the context clearly
indicates otherwise:
(1) Applicant--A person to whom an MRA, community center,
or contract agency intends to offer employment, a contract, or volunteer
status.
(2) Community center--A community mental health and
mental retardation center established under the Texas Health and Safety
Code, Title 7, Chapter 534, Subchapter A.
(3) Contract--An agreement between an MRA, community
center, or contract agency and a contractor whose contractual duties
may put the contractor in direct contact with an individual.
(4) Contract agency--A person that contracts with an
MRA or community center to provide an employee or contractor whose
duties may put the employee or contractor in direct contact with an
individual.
(5) Contractor--A person who contracts with an MRA,
community center, or contract agency and whose contractual duties
may put the person in direct contact with an individual.
(6) Conviction--The adjudication of guilt for a criminal
offense. The term does not include deferred adjudication community
supervision as described in Texas Health and Safety Code, §250.006(d).
(7) DADS--The Department of Aging and Disability Services.
(8) Employee--A person who is employed by an MRA,
community center, or contract agency and whose duties may put the
person in direct contact with an individual.
(9) Individual--A person receiving services that are
funded by or through DADS and provided by an MRA or community center
or provided by a contract agency through a contract with an MRA or
community center.
(10) MRA--Mental retardation authority. An entity designated
in accordance with Texas Health and Safety Code, §533.035(a).
(11) Registry--
(A) The employee misconduct registry maintained by
DADS in accordance with Texas Health and Safety Code, Chapter 253,
and Chapter 93 of this title (relating to Employee Misconduct Registry
(EMR)); or
(B) The nurse aide registry maintained by DADS in
accordance with §94.10 of this title (relating to Registry, Findings,
and Inquiries).
(12) Volunteer--A person who provides services to an
MRA, community center, or contract agency without compensation from
the MRA, community center, or contract agency, other than reimbursement
for actual expenses, and whose duties may put the person in direct
contact with an individual.
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Source Note: The provisions of this §301.605 adopted to be effective October 6, 2011, 36 TexReg 6513; transferred effective May 31, 2024, as published in the May 3, 2024, issue of the Texas Register, 49 TexReg 3019 |