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TITLE 26HEALTH AND HUMAN SERVICES
PART 1HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 306BEHAVIORAL HEALTH DELIVERY SYSTEM
SUBCHAPTER FMENTAL HEALTH REHABILITATIVE SERVICES
RULE §306.305Definitions

    (D) are at the most appropriate level or amount of service that can be safely provided; and

    (E) could not have been omitted without adversely affecting the individual's mental and/or physical health or the quality of care rendered.

  (31) Mental health disorder--Health conditions involving changes in thinking, mood, and/or behaviors that are associated with distress or impaired functioning. When mental health disorders are more severe, they are called serious mental illnesses, which includes anxiety disorder, attention-deficit/hyperactivity disorder, depressive and other mood disorders, eating disorders, schizophrenia, and others.

  (32) Nursing services--Services provided or delegated by an RN acting within the scope of his or her practice, as described in Texas Occupations Code, Chapter 301.

  (33) On site--At a location operated by a provider or a person or entity under arrangement with the provider.

  (34) PA or Physician assistant--A staff member who is licensed as a physician assistant by the Texas State Board of Physician Assistant Examiners in accordance with Texas Occupations Code, Chapter 204.

  (35) Peer provider--A staff member who:

    (A) has received:

      (i) a high school diploma; or

      (ii) a high school equivalency certificate issued in accordance with the law of the issuing state; and

    (B) has at least one cumulative year of receiving mental health services for a disorder that is treated in the target population for Texas.

  (36) Pharmacist--A staff member who is licensed as a pharmacist by the Texas State Board of Pharmacy in accordance with Texas Occupations Code, Chapter 558.

  (37) Physician--A staff member who is:

    (A) licensed as a physician by the Texas Medical Boards in accordance with Texas Occupations Code, Chapter 155 (Medical Doctor or Doctor of Osteopathy); or

    (B) authorized to perform medical acts under an institutional permit at a Texas postgraduate training program approved by the Accreditation Council on Graduate Medical Education, the American Osteopathic Association, or the Texas Medical Board.

  (38) Primary caregiver--A person 18 years of age or older who has actual care, control, and possession of a child or adolescent.

  (39) Problem-solving--The use of specific steps and strategies to analyze and evaluate a problematic situation in order to determine a course of action to resolve the problematic situation.

  (40) Provider--An entity with which the department has a contractual agreement to provide MH Rehabilitative Services, including a Medicaid provider.

  (41) Psychologist--A staff member who is licensed as a psychologist by the Texas State Board of Examiners of Psychologists in accordance with Texas Occupations Code, Chapter 501.

  (42) QMHP-CS or qualified mental health professional-community services--A staff member who meets the definition of a QMHP-CS set forth in §412.303 of this title (relating to Definitions).

  (43) Recovery--A process of change through which individuals improve their health and wellness, live a self-directed life, and strive to reach their full potential.

  (44) Recovery plan or treatment plan--A written plan developed with the individual and, as required, the LAR and a QMHP-CS that specifies the individual's recovery goals, objectives, and strategies/interventions in conjunction with the uniform assessment that guides the recovery process and fosters resiliency as further described in §412.322(e) of this title (relating to Provider Responsibilities for Treatment Planning and Service Authorization).

  (45) Resilience--The ability to cope with and recover from adversity and stress.

  (46) RN or registered nurse--A staff member who is licensed as a registered nurse by the Texas Board of Nursing in accordance with Texas Occupations Code, Chapter 301.

  (47) SED or Serious emotional disturbance--A diagnosed mental health disorder that substantially disrupts a child's or adolescent's ability to function socially, academically, and emotionally.

  (48) Serious mental illness--An illness, disease, disorder, or condition (other than a sole diagnosis of epilepsy, dementia, substance use disorder, or intellectual or developmental disability) that:

    (A) substantially impairs an individual's thought, perception of reality, emotional process, development, or judgment; or

    (B) grossly impairs an individual's behavior as demonstrated by recent disturbed behavior.

  (49) Staff member--Personnel of a provider including a full-time or part-time employee, contractor, intern, or volunteer.

  (50) Therapeutic team--A group of staff members who work together in a coordinated manner for the purpose of providing comprehensive mental health services to an individual.

  (51) Uniform assessment--An assessment adopted by the department that is used for recommending an approved level of care (LOC).

  (52) Utilization management guidelines--Guidelines developed by the department that suggest the type, amount, and duration of mental health services for each LOC.


Source Note: The provisions of this §306.305 adopted to be effective January 22, 2014, 39 TexReg 299; transferred effective March 15, 2020, as published in the February 21, 2020 issue of the Texas Register, 45 TexReg 1239

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