| (a) The following words and terms, when used in this
chapter, shall have the following meanings:
(1) Application--A request for compensation in accordance
with Texas Code of Criminal Procedure Article 56.36(a), including
an emergency medical care application.
(2) Closed Application--An application which has been
administratively closed under §61.3 of this chapter (relating
to Closing Applications). The administrative closure of an application
will prevent further payments, reimbursements or other claim processing
to occur unless the application is reopened under §61.3(b) of
this chapter.
(3) Disability Period--The length of time that a victim
has a medically determinable physical or mental impairment that causes
the victim to be unable to perform their work as a direct result of
the criminally injurious conduct. For a victim under 18, the disability
period means the length of time the victim has a medically determinable
physical or mental impairment, or a combination of impairments, that
causes marked and severe functional limitations as a direct result
of the criminally injurious conduct. The disability period must be
determined by a Medical Doctor (M.D.), Doctor of Osteopathy (D.O.),
or the OAG.
(4) Extraordinary Pecuniary Losses--As used in Texas
Code of Criminal Procedure Article 56.42(b), means economic losses
which exceed the limits on compensation in effect on the date of the
criminally injurious conduct giving rise to the application for compensation.
Extraordinary pecuniary losses may include loss of earnings, but only
in addition to the statutorily enumerated costs, which are further
described in §61.407 of this chapter (relating to Additional
Compensation for Extraordinary Pecuniary Losses).
(5) Funeral Purchase Agreement--A written statement
of funeral goods and services signed by a claimant and a representative
of the service provider which itemizes the cost of funeral services
or merchandise selected by a claimant. The agreement may or may not
include terms governing burial expenses, but it must include the following
information:
(A) the funeral goods and funeral services selected
by that person and the prices to be paid for each, unless there is
an itemized discounted package arrangement;
(B) specifically itemized cash advance items; and
(C) the total cost of the goods and services selected.
(6) Health Care Service Provider--Any person or entity
that provides medical, psychiatric care or counseling services, and
includes a doctor or other person duly licensed to practice one or
more of the healing arts, a health care facility, or an entity providing
health care.
(7) Incarcerated--A person who is confined in a penal
institution as a result of being arrested for, charged with, or convicted
of a criminal offense. This term also includes persons who have been
detained in a confined space pending or during transport to or from
a penal institution.
(8) Interested Person--As used in Texas Code of Criminal
Procedure Article 56.40(c), includes a victim and any valid claimants
whose application for compensation may be affected by the outcome
of a final ruling hearing and does not include the accused criminal
offender or non-claimant creditors.
(9) Law enforcement agency--As used in Texas Code of
Criminal Procedure Chapter 56, means a governmental organization that
employs commissioned peace officers as defined by Texas Code of Criminal
Procedure Article 2.12.
(10) Medical--As used in Texas Code of Criminal Procedure
Article 56.32(a)(9)(A), means medical, hospital, nursing, physical
therapy or dental services and includes the costs of medical treatment,
or any other medical cost deemed appropriate by the OAG. Except for
an admission to a hospital or clinic for in-patient psychiatric treatment,
a residential treatment center, or intensive outpatient programs,
the term medical does not include psychiatric care or counseling,
as that term is defined in this chapter.
(11) Medically Indicated Services--As used in Texas
Code of Criminal Procedure Article 56.32(a)(9)(B)(ii), means medical
treatment, or psychiatric care or counseling related to the disability
period resulting from the personal injury which is ordered and provided
by a heath care service provider.
(12) Medically Necessary--As used in Texas Code of
Criminal Procedure Article 56.385, refers to services that a health
care service provider, exercising prudent clinical judgment, would
provide to a victim or claimant for the purpose of evaluating, diagnosing
or treating an illness, injury, disease or its symptoms.
(13) Penal Institution--As used in Texas Code of Criminal
Procedure Article 56.41(b)(6) and as defined in the Texas Penal Code §1.07,
refers to a place designated by law for confinement of persons arrested
for, charged with, or convicted of an offense.
(14) Physical Therapy--As used in Texas Code of Criminal
Procedure Article 56.32(a)(9)(A), refers to treatment prescribed by
a M.D., D.O., or Chiropractic Doctor (D.C.), conducted under the direct
supervision of the M.D., D.O., D.C., or a physical therapist, and
means health care services that prevent, identify, correct, or alleviate
acute or prolonged movement dysfunction or pain of anatomical or physiological
origin.
(15) Psychiatric Care or Counseling--As used in Texas
Code of Criminal Procedure Articles 56.32(a)(9)(A) and 56.32(a)(2)(D)(I),
means psychiatric care or counseling performed by a mental health
service provider with a professional license and may include any modality
recognized by the Texas Department of Insurance, Division of Workers
Compensation in their medical fee guidelines. The types of licenses
approved by the OAG to provide psychiatric care or counseling are
listed on the OAG website. The term psychiatric care or counseling
does not include an admission to a hospital or clinic for in-patient
psychiatric treatment, admission to a residential treatment center
or intensive outpatient programs, which are considered medical expenses.
(16) Reports--As used in Texas Code of Criminal Procedure
Article 56.38(d), includes both written and oral reports from a law
enforcement agency as deemed appropriate by the OAG.
(17) Resident--As used in Texas Code of Criminal Procedure
Article 56.32(a)(11)(A)(ii), means a person who has a domicile in
Texas or who lives for more than a temporary period in Texas, another
state of the United States, the District of Columbia, the Commonwealth
of Puerto Rico, or a possession or territory of the United States.
(18) Service Provider--Any provider of compensable
services to a victim or claimant including, but not limited to, health
care service providers, mental health counselors, funeral or burial
service providers, child care providers, landlords, moving companies,
or any other person or entity who is eligible to receive direct payments
from the OAG on behalf of a victim or claimant under Texas Code of
Criminal Procedure Article 56.44(d) for pecuniary losses under Texas
Code of Criminal Procedure Article 56.32(a)(9).
(19) Total and Permanent Disability--As used in Texas
Code of Criminal Procedure Article 56.42(b), means the victim is not
likely to recover from their crime related personal injury such that
an M.D. or D.O. may certify with reasonable medical certainty that
a disabling condition will continue indefinitely and results in the
victim's disqualification or inability to perform the usual tasks
of a worker in such a way as to leave the victim at a substantial
disadvantage in the competitive labor market for any type of work.
The term does not require permanent unemployment.
(20) Trafficking of Persons--As defined by Texas Code
of Criminal Procedure Article 56.32(a)(14), means any offense that
results in a person engaging in forced labor or services and that
may be prosecuted under Texas Penal Code §§20A.02, 20A.03,
43.03, 43.04, 43.05, 43.25, 43.251, or 43.26.
(b) The definitions in this chapter will be given their
most ordinary meaning unless the context clearly indicates otherwise,
in accordance with Texas Government Code §312.002(a).
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