| (32) Neglect--A negligent act or omission by a counselor,
applicant for counselor licensure, counselor intern, certified clinical
supervisor, clinical training institution, or personnel of any such
person 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, Texas Family Code, §261.001
and Texas Human Resources Code, §48.002.
(33) Peer Assistance Program--A program approved by
the department pursuant to Texas Occupations Code, §504.057 (relating
to Approval of Peer Assistance Programs).
(34) Person--An individual, corporation, organization,
government or governmental subdivision or agency, business trust,
estate, trust, partnership, association, and any other legal entity.
(35) Practice of Chemical Dependency Counseling--Providing
or offering to provide chemical dependency counseling services involving
the application of the principles, methods, and procedures of the
chemical dependency counseling profession, as defined by the practice
dimensions and competencies identified and described in the CSAT Technical
Assistance Publication (TAP 21) "Addictions Counseling Competencies:
the Knowledge, Skills, and Attitudes of Professional Practice."
(36) Prevention--A proactive process that uses multiple
strategies to preclude the illegal use of alcohol, tobacco and other
drugs and to foster safe, healthy, drug-free environments.
(37) Private Practice--The individual practice of a
private, licensed chemical dependency counselor who personally renders
individual or group services within the scope of the LCDC's license
and in the LCDC's offices. To qualify to be engaged in private practice,
the individual LCDC must not hold him/herself out as an organized
program, or a part thereof, that provides counseling or treatment.
This definition does not prohibit the sharing of office space or administrative
support staff.
(38) Qualified Credentialed Counselor (QCC)--A licensed
chemical dependency counselor or one of the practitioners listed below,
if the practitioner is licensed and in good standing in the State
of Texas, and, in performing any activity as a QCC, is acting within
the authorized scope of the individual's license:
(A) licensed professional counselor (LPC);
(B) licensed social worker;
(C) licensed marriage and family therapist (LMFT);
(D) licensed psychologist;
(E) licensed physician;
(F) licensed physician's assistant;
(G) certified addictions registered nurse (CARN); or
(H) advanced practice nurse recognized by the Texas
Board of Nursing as a clinical nurse specialist or practitioner with
a specialty in psychiatric-mental health nursing.
(39) Referral--The process of identifying appropriate
services and providing the information and assistance needed to access
them.
(40) Rules--An agency statement of general applicability,
including a state rule or federal regulation, that implements or prescribes
law or policy by defining general standards of conduct, rights, or
obligations of persons, or describes the procedure or practice requirements
that prescribe the manner in which public business before an agency
may be initiated, scheduled, or conducted, or interprets or clarifies
law or agency policy. The term includes the amendment or repeal of
a prior rule but does not include statements concerning only the internal
management or organization of the agency that does not affect private
rights or procedures. Any reference to a rule shall mean the rule
then in effect and as amended, unless otherwise specified.
(41) Screening--The process through which qualified
staff, client, and available significant others, as appropriate, determine
the most appropriate initial course of action, given the individual's
needs and characteristics and the available resources within the community.
In a treatment program, screening includes determining whether an
individual is appropriate and eligible for admission to a particular
program.
(42) Services--Substance abuse services.
(43) Sexual contact--Any intentional touching, or request
to be allowed to touch, by a chemical dependency counselor, counselor
intern, certified clinical supervisor, applicant for any such license,
or personnel of a clinical training institution or other licensee,
including touching through clothing, of the anus, breast, or any part
of the genitals of a client; any intentional touching of any part
of the body of a client, or request to be allowed to touch, including
touching through clothing, with the anus, breast, or any part of the
genitals of a chemical dependency counselor, counselor intern, certified
clinical supervisor, applicant for any such license, or personnel
of a clinical training institution or other licensee; or any compulsion
or encouragement by a chemical dependency counselor, counselor intern,
certified clinical supervisor, clinical training institution, applicant
for any such license, or personnel of such licensee, for a client
to engage in touching through clothing, of the anus, breast, or any
part of the genitals of another individual, or for a client to touch
any part of the body of another individual with the anus, breast,
or any part of the client's genitals.
(44) Sexual Exploitation--A pattern, practice, or scheme
of conduct by a chemical dependency counselor, counselor intern, certified
clinical supervisor, clinical training institution, applicant for
any such license, or personnel of any such person, that involves a
client and can reasonably be construed as being for the purpose of
sexual arousal or gratification or sexual abuse. It may include, without
limitation, sexual contact, a request for sexual contact, or a representation
that sexual contact or exploitation is consistent with, a part of,
or a condition of receiving services. It is not a defense to sexual
exploitation of a client if it occurs:
(A) with the actual or perceived consent of the client;
(B) outside of the delivery of services;
(C) off of the premises used for the delivery of substance
abuse services; or
(D) after the client has stopped receiving services,
where the conduct occurs within two years of when the client stopped
receiving services.
(45) State Office of Administrative Hearings (SOAH)--The
agency to which contested cases are referred by the department.
(46) Substance Abuse--A maladaptive pattern of substance
use leading to clinically significant impairment or distress, as defined
by the most recently published version of the DSM.
(47) Substance Abuse Education--A planned, structured
presentation of information provided by qualified staff, related to
substance abuse or substance dependence, allowing for discussion of
the material presented, and relevant to the client's goals.
(48) Substance Abuse Services (Services)--A comprehensive
term intended to describe activities undertaken to address any substance-related
disorder as well as education and prevention activities. The term
includes, without limitation, the provision of screening, assessment,
referral, chemical dependency treatment, and chemical dependency counseling.
(49) Treatment Plan--An individualized, written plan
developed and implemented through a collaborative process between
qualified personnel and the client and reflecting and identifying
desired treatment outcomes and the strategies for achieving them.
At a minimum, the treatment plan addresses the identified substance
use disorder(s), as well as issues related to treatment progress,
including relationships with family and significant others, employment,
education, spirituality, health concerns, and legal needs.
(50) Unethical Conduct--Conduct prohibited by the ethical
standards adopted by state or national professional organizations
or by rules established by a profession's state licensing agency.
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