The following words and terms, when used in this chapter, have
the following meanings, unless the context clearly indicates otherwise:
(1) Adult--An adult is a person:
(A) 18 years of age or older; or
(B) under 18 years of age who:
(i) is or has been married; or
(ii) has had the disabilities of minority removed pursuant
to the Texas Family Code, Chapter 31.
(2) APS--Adult Protective Services.
(3) Agent--An individual (e.g., student, volunteer),
not employed by but working under the auspices of a service provider.
(4) Allegation--A report by an individual that an individual
receiving services has been or is in a state of abuse, neglect, or
exploitation as defined by this subchapter.
(5) Allegation type--The type of allegation investigated
under this chapter. APS investigates the following allegation types:
(A) physical abuse;
(B) sexual abuse;
(C) verbal/emotional abuse;
(D) neglect; and
(6) Alleged perpetrator-- A direct provider alleged
to have committed an act of abuse, neglect, or exploitation.
(7) Child--A person under 18 years of age who:
(A) is not and has not been married; or
(B) has not had the disabilities of minority removed
pursuant to the Texas Family Code, Chapter 31.
(8) Clinical practice--Relates to the demonstration
of professional competence of a licensed professional as described
by the appropriate licensing professional board.
(9) Community center--A community mental health center;
community center for individuals with intellectual or developmental
disabilities; or community mental health center and community center
for individuals with intellectual or developmental disabilities, established
under the Health and Safety Code, Title 7, Chapter 534, Subchapter
(10) Consumer Directed Services (CDS) employer--A consumer
directed services client or their legally authorized representative.
(11) DADS--Department of Aging and Disability Services.
(12) DFPS--Department of Family and Protective Services.
(13) DSHS--Department of State Health Services.
(14) Designated Perpetrator--A direct provider who
has committed an act of abuse, neglect, or exploitation.
(15) Direct Provider--A person, employee, agent, contractor,
or subcontractor of a service provider responsible for providing services
to an individual receiving services.
(16) Emergency order for protective services--A court
order for protective services obtained under Human Resources Code, §48.208.
(A) DADS and DSHS central offices, state supported
living centers, state hospitals, the Rio Grande State Center, the
Waco Center for Youth, the El Paso Psychiatric Center, and community
services operated by DADS or DSHS;
(B) A person contracting with a health and human services
agency to provide inpatient mental health services; and
(C) Intermediate care facilities for individuals with
an intellectual disability or related conditions (ICF-IID) licensed
under Chapter 252, Health and Safety Code.
(18) HHSC--Health and Human Services Commission.
(19) Home and community-based services--Have the meaning
given to them in Human Resources Code §48.251(a)(5) as services
provided in the home or community in accordance with 42 U.S.C. §1315,
42 U.S.C. §1315a, 42 U.S.C. §1396a, or 42 U.S.C. §1396n.
(20) Home and community-based services (HCS) waiver
program--The Medicaid program authorized under §1915(c) of the
federal Social Security Act (42 U.S.C. §1396n(c)) for the provision
of services to persons with an intellectual or developmental disability
described by §534.001(11)(B), Government Code.
(21) Home and community support services agency (HCSSA)--An
agency licensed under Chapter 142, Health and Safety Code.
(22) ICF-IID--A licensed intermediate care facility
for individuals with an intellectual disability or related conditions
as described in Chapter 252, Health and Safety Code.
(23) Incitement--To spur to action or instigate into
activity; the term implies responsibility for initiating another's
(24) Individual receiving services--
(A) An adult or child who receives services from a
provider as that term is defined in §48.251(a)(9), Human Resources
(B) An adult or child who lives in a residence that
is owned, operated, or controlled by an HCS waiver program provider
regardless of whether the individual is receiving HCS waiver program
(C) A child receiving services from a HCSSA.
(25) Investigator--An employee of Adult Protective
Services who has:
(A) demonstrated competence and expertise in conducting
(B) received training on techniques for communicating
effectively with individuals with a disability.
(26) Limited Service Provider--An entity that contracts
with a service provider to provide services.
(27) Local authority-- Either:
(A) a local mental health authority designated by the
HHSC executive commissioner in accordance with §533.035, Health
and Safety Code, and as defined by §531.002, Health and Safety
(B) a local intellectual and developmental disability
authority designated by the HHSC executive commissioner in accordance
with §533A.035, Health and Safety Code, and as defined by §531.002,
Health and Safety Code.
(28) Non-serious physical injury--
(A) In state supported living centers and state hospitals
only, any injury requiring minor first aid and determined not to be
serious by a registered nurse, advanced practice registered nurse
(APRN), or physician.
(B) For all other service providers any injury determined
not to be serious by the appropriate medical personnel. Examples of
non-serious physical injury include:
(i) superficial laceration;
(ii) contusion two and one-half inches in diameter
or smaller; or
(29) Perpetrator--A direct provider who has committed
or alleged to have committed an act of abuse, neglect, or exploitation.
(30) Preponderance of evidence--Evidence which is of
greater weight or more convincing than the evidence which is offered
in opposition to it; that is, evidence which as a whole shows that
the fact sought to be proved is more probable than not.
(31) Prevention and management of aggressive behavior
(PMAB)--DADS and DSHS' proprietary risk management program that uses
the least intrusive, most effective options to reduce the risk of
injury for persons served and staff from acts or potential acts of
(32) Provider--A provider is:
(A) a facility;
(B) a community center, local mental health authority,
and local intellectual and developmental disability authority;
(C) a person who contracts with a health and human
services agency or managed care organization to provide home and community-based
(D) a person who contracts with a Medicaid managed
care organization to provide behavioral health services;
(E) a managed care organization;
(F) an officer, employee, agent, contractor, or subcontractor
of a person or entity listed in subparagraphs (A)-(E) of this paragraph;
(G) an employee, fiscal agent, case manager, or service
coordinator of an individual employer participating in the consumer-directed
service option, as defined by §531.051, Government Code.
(33) Reporter--The person, who may be anonymous, making
(34) Serious physical injury--
(A) In state supported living centers and state hospitals
only, any injury requiring medical intervention or hospitalization
or any injury determined to be serious by a physician or APRN. Medical
intervention is treatment by a licensed medical doctor, osteopath,
podiatrist, dentist, physician assistant, or APRN. For the purposes
of this subchapter, medical intervention does not include first aid,
an examination, diagnostics (e.g., x-ray, blood test), or the prescribing
of oral or topical medication;
(B) For all other service providers, any injury determined
to be serious by the appropriate medical personnel. Examples of serious
physical injury include:
(ii) dislocation of any joint;
(iii) internal injury;
(iv) contusion larger than two and one-half inches
(vi) second or third degree burn; or
(vii) any laceration requiring sutures or wound closure.
(35) Service Provider--A provider, HCSSA, or HCS waiver
program provider responsible for employing, contracting with, or
supervising the direct provider.
(36) Sexually transmitted disease--Any infection with
or without symptoms or clinical manifestations that can be transmitted
from one person to another by sexual contact.
(37) Texas Home Living (TxHmL) waiver program--The
Medicaid program authorized under §1915(c) of the federal Social
Security Act (42 U.S.C. §1396n(c)) for the provision of services
to persons with an intellectual or developmental disability described
by §534.001(11)(D), Government Code.
(38) Victim--An individual receiving services who is
alleged to have been abused, neglected, or exploited.