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TITLE 26HEALTH AND HUMAN SERVICES
PART 1HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 711INVESTIGATIONS OF INDIVIDUALS RECEIVING SERVICES FROM CERTAIN PROVIDERS
SUBCHAPTER AINTRODUCTION
RULE §711.11How is physical abuse defined?

In this chapter, when the alleged perpetrator is a direct provider, physical abuse is defined as:

  (1) an act or failure to act performed knowingly, recklessly, or intentionally, including incitement to act, which caused or may have caused physical injury or death to an individual receiving services;

  (2) an act of inappropriate or excessive force or corporal punishment, regardless of whether the act results in a physical injury to an individual receiving services; or

  (3) the use of chemical or bodily restraints or seclusion on an individual receiving services not in compliance with federal and state laws and regulations, including:

    (A) 25 TAC Chapter 415, Subchapter F (relating to Interventions in Mental Health Programs);

    (B) 25 TAC Chapter 404, Subchapter E (relating to Rights of Persons Receiving Mental Health Services);

    (C) 40 TAC Chapter 3, Subchapter F (relating to Restraints);

    (D) 40 TAC Chapter 90, Subchapter C (relating to Standards for Licensure);

    (E) 40 TAC Chapter 2, Subchapter G (relating to Role and Responsibilities of a Local Authority);

    (F) 40 TAC Chapter 9, Subchapter D (relating to Home and Community-based Services (HCS) Program and Community First Choice (CFC));

    (G) 40 TAC Chapter 9, Subchapter N (relating to Texas Home Living (TxHmL) Program and Community First Choice (CFC));

    (H) 40 TAC Chapter 97, Subchapter H (relating to Standards Specific to Agencies Licensed to Provide Hospice Services);

    (I) 40 TAC Chapter 42, Subchapter D (relating to Additional Program Provider Provisions);

    (J) 1 TAC Chapter 353, Subchapter C (Member Bill of Rights); and

    (K) 40 TAC Chapter 45, Subchapter H (relating to Additional DSA Requirements).


Source Note: The provisions of this §711.11 adopted to be effective May 1, 2001, 26 TexReg 2755; amended to be effective March 1, 2008, 33 TexReg 1360; amended to be effective June 1, 2010, 35 TexReg 4180; amended to be effective June 1, 2014, 39 TexReg 3878; amended to be effective September 1, 2016, 41 TexReg 6218; amended to be effective November 5, 2017, 42 TexReg 6187; transferred effective June 15, 2019, as published in the Texas Register May 24, 2019, 44 TexReg 2617

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