| (44) Sexual abuse--Any of the following:
(A) sexual exploitation of an individual;
(B) non-consensual or unwelcomed sexual activity with
an individual; or
(C) consensual sexual activity between an individual
and a staff person or controlling person, unless a consensual sexual
relationship with an adult individual existed before the staff person
or controlling person became a staff person or controlling person.
(45) Sexual activity--An activity that is sexual in
nature, including kissing, hugging, stroking, or fondling with sexual
intent.
(46) Sexual exploitation--A pattern, practice, or scheme
of conduct against an individual that can reasonably be construed
as being for the purposes of sexual arousal or gratification of any
person:
(A) which may include sexual contact; and
(B) does not include obtaining information about an
individual's sexual history within standard accepted clinical practice.
(47) Staff person--An employee, contractor, or volunteer
of a provider.
(48) Supervisor--A provider employee who:
(A) coordinates the delivery of services in an individual's
service delivery plan;
(B) supervises attendants; and
(C) meets the requirements for a supervisor in accordance
with 26 TAC §558.404 (relating to Standards Specific to Agencies
Licensed to Provide Personal Assistance Services).
(49) Verbal or emotional abuse--Any act or use of verbal
or other communication, including gestures:
(A) to:
(i) harass, intimidate, humiliate, or degrade an individual;
or
(ii) threaten an individual with physical or emotional
harm; and
(B) that:
(i) results in observable distress or harm to the individual;
or
(ii) is of such a serious nature that a reasonable
person would consider it harmful or a cause of distress.
(50) Volunteer--A person who works for a provider without
compensation, other than reimbursement for actual expenses.
(51) Working day--Any day except a Saturday, Sunday,
or national or state holiday listed in Texas Government Code §662.003(a)
or (b).
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| Source Note: The provisions of this §47.3 adopted to be effective June 1, 2004, 29 TexReg 5113; amended to be effective June 1, 2009, 34 TexReg 2802; amended to be effective October 1, 2019, 44 TexReg 5138 |
