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TITLE 26HEALTH AND HUMAN SERVICES
PART 1HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 307BEHAVIORAL HEALTH PROGRAMS
SUBCHAPTER DOUTPATIENT COMPETENCY RESTORATION
RULE §307.155Definitions

The following words and terms, when used in this subchapter, have the following meanings.

  (1) Adaptive behavior--The effectiveness with which, or degree to which, an individual meets the standards of personal independence and social responsibility expected of the individual's age and cultural group.

  (2) Competency restoration--The treatment or education process for restoring an individual's ability to consult with the individual's attorney with a reasonable degree of rational understanding, including a rational and factual understanding of the court proceedings and charges against the individual.

  (3) Court--A court of law presided over by a judge, judges, or a magistrate in civil and criminal cases.

  (4) HHSC--Texas Health and Human Services Commission.

  (5) ID--Intellectual disability. Consistent with Texas Health and Safety Code §591.003, significantly sub-average general intellectual functioning that is concurrent with deficits in adaptive behavior and originating before age 18.

  (6) Individual--A person receiving services under this subchapter.

  (7) IST--Incompetent to stand trial. The term has the meaning described in Texas Code of Criminal Procedure, Article 46B.003.

  (8) LBHA--Local behavioral health authority. An entity designated as an LBHA by HHSC in accordance with Texas Health and Safety Code §533.0356.

  (9) LIDDA--Local intellectual and developmental disability authority. An entity designated as a LIDDA by HHSC in accordance with Texas Health and Safety Code §533A.035(a).

  (10) LMHA--Local mental health authority. An entity designated as an LMHA by HHSC in accordance with Texas Health and Safety Code §533.035.

  (11) Medical record--An organized account of information relevant to the medical services provided to an individual, including an individual's history, present illness, findings on examination, treatment and discharge plans, details of direct and indirect care and services, and notes on progress.

  (12) OCR--Outpatient competency restoration. A community-based program with the specific objective of attaining restoration to competency pursuant to Texas Code of Criminal Procedure Chapter 46B.

  (13) OCR provider--An entity identified in §307.153 of this subchapter (relating to Application) that provides OCR services.

  (14) Ombudsman--The Ombudsman for Behavioral Health Access to Care established by Texas Government Code §531.02251, including care for mental health conditions and substance use disorders.

  (15) Subcontractor--A person or entity that contracts with an OCR provider to provide OCR services.

  (16) TAC--Texas Administrative Code.


Source Note: The provisions of this §307.155 adopted to be effective February 9, 2021, 46 TexReg 918

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