| (59) Human Immunodeficiency Virus (HIV)--The virus
that causes Acquired Immune Deficiency Syndrome (AIDS). Infection
is determined through a testing and counseling process overseen by
the Texas Department of Health (TDH). Being infected with HIV is not
necessarily equated with having a diagnosis of AIDS, which can only
be diagnosed by a physician using criteria established by the National
Centers for Disease Control and Prevention.
(60) HIV Antibody Counseling and Testing--A structured
counseling session performed by Prevention Counseling and Partner
Elicitation (PCPE) counselors registered with TDH. It promotes risk
reduction behavior for those at risk of infection with HIV and other
sexually transmitted diseases and offers testing for HIV infection.
(61) HIV Early Intervention Services--
(A) appropriate pretest counseling for HIV and AIDS;
(B) testing individuals with respect to such disease,
including tests to confirm the presence of the disease, tests to diagnose
the extent of the deficiency in the immune system, and tests to provide
information on appropriate therapeutic measures for preventing and
treating the deterioration of the immune system and for preventing
and treating conditions arising from the disease;
(C) appropriate post-test counseling; and
(D) providing the therapeutic measures described in
subparagraph (B) of this paragraph.
(62) Indicated Population--The population who may already
be experimenting with drugs or who exhibit other problem-related behaviors.
(63) Individual Service Day--A day on which a specific
client receives services.
(64) Intake--The process for gathering information
about a prospective client and giving a prospective client information
about treatment and services.
(65) Intervention--The interruption of the onset or
progression of chemical dependency in the early stages. Intervention
strategies target indicated populations.
(66) Intervention Counseling--Interactions to assist
individuals, families, and groups to identify, understand, and resolve
issues and problems related to ATOD use within a specific number of
sessions or within a certain time frame. It is intended to intervene
in problem situations and high-risk behaviors, which, if not addressed,
may escalate to substance abuse or cause communicable disease. Such
interactions should not include determining whether a person is in
need of treatment. The use of the term "counseling" does not carry
the same meaning as defined in paragraph (38) of this section.
(67) Key Performance Measures--Measures that reflect
the services that are critical to the program design and intended
outcomes of the program. Key performance measures are specified for
all Commission-funded programs.
(68) Knowledge, Skills, and Attitudes (KSAs)--The knowledge,
skills, and attitudes of addictions counseling as defined by CSAT
Technical Assistance Publication (TAP 21) "Addictions Counseling Competencies:
the Knowledge, Skills, and Attitudes of Professional Practice."
(69) License--The whole or part of any agency permit,
certificate, approval, registration, or similar form of permission
authorized by law.
(70) Licensed Chemical Dependency Counselor (LCDC)--A
counselor licensed by the Texas Commission on Alcohol and Drug Abuse
pursuant to TEX. OCC. CODE ch. 504 (Vernon 2002 & Supp. 2003).
(71) Licensed Health Professional--A physician, physician
assistant, advanced practice nurse practitioner, registered nurse,
or licensed vocational nurse authorized to practice in the State of
Texas.
(72) Licensee--Any individual or person to whom the
agency has issued any permit, certificate, approved registration,
or similar form of permission authorized by law.
(73) Licensing--The agency process relating to the
granting, denial, renewal, revocation, suspension, annulment, withdrawal,
or amendment of a license.
(74) Life Skills Training (Treatment)--A structured
program of training, based upon a written curriculum and provided
by qualified staff designed to help clients with social competencies
such as communication and social interaction, stress management, problem
solving, decision making, and management of daily responsibilities.
(75) Mechanical Restraint--
(A) The application of a device restricting the movement
of the whole or a portion of an individual's body to control physical
activity. Only commercially available devices specifically designed
for the safe and comfortable restraint of humans may be used as mechanical
restraints.
(B) Despite their commercial availability, the following
types of devices may not be used to implement restraint:
(i) those with metal wrist or ankle cuffs;
(ii) those with rubber bands, rope, cord, or padlocks
or key locks as fastening devices;
(iii) long ties (e.g., leashes); or
(iv) bed sheets.
(C) The following devices may be utilized to implement
restraint.
(i) Anklets--A cloth or leather band fastened around
the ankle or leg and secured to a stationary object (e.g., bed or
chair frame). Acceptable fasteners include Velcro and buckles. The
device must not be secured so tightly as to interfere with vital functions,
including circulation, or so loose as to permit chafing of the skin.
Padding on the inside of the device, which aids in preventing chafing,
is required.
(ii) Belts--A cloth or leather band fastened around
the waist. The belt may either be attached to a stationary object
(e.g., chair frame) or used for securing the arms to the sides of
the body. The device must not be secured so tightly as to interfere
with vital functions, including breathing and circulation.
(iii) Chair restraint--A well-padded stabilized chair
that supports all body parts and prevents the individual's voluntary
egress from the chair without assistance (e.g., table top chair, Geri-chair).
Mechanical restraint devices (e.g., wristlets, anklets) are attached
or may be easily attached to restrict movement. The devices must not
be secured so tightly as to interfere with vital functions, including
breathing and circulation.
(iv) Ties--A length of cloth or leather used to secure
approved mechanical restraints (i.e., mittens, wristlets, arm splints,
belts, anklets, vests, etc.) to a stationary object (i.e., bed or
wheelchair frame) or to other approved mechanical restraints. Ties
must not be secured so tightly as to interfere with vital functions,
including breathing and circulation.
(v) Wristlets--A cloth or leather band fastened around
the wrist or arm and secured to a stationary object (e.g., bed or
chair frame, waist belt). Acceptable fasteners include Velcro and
buckles. The device must not be secured so tightly as to interfere
with vital functions, including circulation or so loose as to permit
chafing of the skin. Padding on the inside of the device, which aids
in preventing chafing, is required.
(76) Medication Error--Medication not given according
to the written order by the prescribing professional or as recommended
on the medication label. Medication errors include without limitation,
duplicate doses, missed doses, and doses of the wrong amount or drug.
(77) Minor--A person under the age of 18.
(78) Neglect--A negligent act or omission by provider
personnel, a staff member, volunteer, or other individual working
under the auspices of a provider, or by a counselor, applicant for
counselor licensure, or counselor intern that causes or may cause
death, physical injury, or substantial emotional harm to a participant
or client. Examples of neglect include, but are not limited to:
(A) failure to provide adequate nutrition, clothing,
or health care;
(B) failure to provide a safe environment free from
abuse;
(C) failure to maintain adequate numbers of appropriately
trained staff;
(D) failure to establish or carry out an appropriate
individualized treatment plan; and
(E) any other act or omission classified as neglect
by the Texas law including, but not limited to, TEX. FAM. CODE §261.001
(Vernon 1996) and TEX. HUM. RES. CODE §48.002 (Vernon Supp. 2004).
(79) Advanced Practice Nurse Practitioner--A registered
nurse currently licensed in Texas who is approved by the Texas State
Board of Nurse Examiners to engage in advanced practice.
(80) Offender Education Program--An Alcohol Education
Program for Minors, Drug Offender Education Program, DWI Education
Program, or DWI Intervention Program approved by the Commission under
40 TAC ch. 153 of this title (relating to Offender Education Programs).
(81) OMB--United States Office of Management and Budget.
Cont'd... |
