| (B) performed by a LIDDA, LHMA, or LBHA to determine
if the individual has a mental illness, ID, or DD and, if so, to:
(i) assess the individual's need for care in a nursing
(ii) assess the individual's need for specialized services;
(iii) identify alternate placement options.
(47) Peer specialist--A person who uses lived experience,
in addition to skills learned in formal training, to deliver strengths-based,
person-centered services to promote an individual's recovery and resiliency,
in accordance with 1 TAC Chapter 354, Subchapter N (relating to Peer
(48) Physician--A staff member:
(A) licensed as a physician by the Texas Medical Board
in accordance with Texas Occupations Code Chapter 155; 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.
(49) Pre-admission screening--The clinical process
used by a QMHP-CS or LPHA to gather information from an individual,
including a medical history, any history of substance use, trauma,
and the problem for which the individual is seeking treatment to determine
if a physician should conduct an admission examination.
(50) Preliminary examination--The psychiatric examination
and assessment for medical stability performed and documented by a
physician in accordance with Texas Health and Safety Code §573.022
to determine if emergency detention in an inpatient mental health
facility is clinically justified for an individual for whom:
(A) an application for emergency detention is filed
in accordance with Texas Health and Safety Code §573.011;
(B) a peace officer or emergency medical services personnel
of an emergency medical services provider transporting the individual
in accordance with a memorandum of understanding executed in accordance
with Texas Health and Safety Code §573.005 files a notification
of detention completed by the peace officer in accordance with Texas
Health and Safety Code §573.002(a); or
(C) the LAR transporting their adult ward, without
the assistance of a peace officer, in accordance with Texas Health
and Safety Code §573.003, files an application for detention
in accordance with Texas Health and Safety Code §573.004.
(51) Psychosocial rehabilitative services--Services
that assist an individual in regaining and maintaining daily living
skills required to function effectively in the community.
(52) QMHP-CS--Qualified mental health professional-community
services. A staff member who is credentialed as a QMHP-CS who has
demonstrated and documented competency in the work to be performed
(A) has a bachelor's degree from an accredited college
or university with a minimum number of hours that is equivalent to
a major in psychology, social work, medicine, nursing, rehabilitation,
counseling, sociology, human growth and development, gerontology,
special education, educational psychology, early childhood education,
or early childhood intervention;
(B) is an RN; or
(C) completes an alternative credentialing process
as determined by an LMHA or LBHA in accordance with HHSC requirements.
(53) 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.
(54) Recovery or treatment plan--A written plan:
(A) is developed in collaboration with the individual,
and the individual's LAR or adult caregiver if applicable, and a QMHP-CS
(B) is amended at any time based on an individual's
needs or requests;
(C) guides the recovery process and fostering resiliency;
(D) is completed in conjunction with the assessment
tool adopted by HHSC;
(E) identifies the individual's changing strengths,
capacities, goals, preferences, needs, and desired outcomes; and
(F) includes recommended services and supports or reasons
for the exclusion of services and supports.
(55) Restraints--Any personal, mechanical, or chemical
restraint defined in 25 TAC §415.253 (relating to Definitions).
(56) RN--Registered nurse. A staff member licensed
as a registered nurse by the Texas Board of Nursing in accordance
with Texas Occupations Code Chapter 301.
(57) Screening--Activities performed by a QMHP-CS to:
(A) collect triage information either in person, or
through telephone or telehealth interviews with an individual or collateral
(B) determine if the individual's need is emergent,
urgent, or routine, and conducted before the in person or telehealth
assessment to determine the need for emergency services; and
(C) determine the need for immediate assessment and
mental health treatment recommendations.
(58) Seclusion--The involuntary separation of an individual
from other individuals for any period of time and or the placement
of the individual alone in an area from which the individual is prevented
from leaving, as defined in 25 TAC §415.253(28).
(59) SED--Serious emotional disturbance. A diagnosed
mental health disorder that substantially disrupts a child's or adolescent's
ability to function socially, academically, and emotionally in accordance
with Texas Government Code, §531.251.
(60) Serious physical injury--An injury determined
by a physician, or physician-delegated PA or APRN, to require treatment
by an appropriately licensed medical professional or licensed healthcare
professional, or in an emergency department or licensed hospital.
(61) Stabilize--With respect to an emergency medical
condition, to provide such medical treatment of the condition necessary
to assure, within reasonable medical probability, that no material
deterioration of the condition is likely to result from or occur during
the individual's transfer from a facility or, if the emergency medical
condition for a woman is that she is in labor, that the woman has
delivered the child and the placenta.
(62) Staff member--Personnel including a full-time
and part-time employee, contractor, or intern, but excluding a volunteer.
(63) Staffing plan--A written plan that:
(A) demonstrates the number, qualifications, and responsibilities
of staff members, including the administrator or designee, are appropriate
for the size and scope of the services provided and that workloads
are reasonable to meet the needs of individuals receiving services;
(B) identifies staffing patterns, hours of coverage,
and plans for providing back-up staff in emergencies.
(64) Substance use disorder--The use of one or more
drugs, including alcohol, which significantly and negatively impacts
one or more major areas of life functioning and which meets the criteria
described in the current edition of the Diagnostic
Statistical Manual of Mental Disorders for substance use disorders.
(65) TAC--Texas Administrative Code.
(66) Telehealth service--A health-care service, other
than telemedicine medical services, delivered by a health professional
licensed, certified or otherwise entitled to practice in Texas and
acting within the scope of the health professional's license, certification
or entitlement to an individual at a different physical location other
than the health professional using telecommunications or information
technology, in accordance with Texas Occupation Code §111.001(3).
(67) Telemedicine medical service--A health-care service
delivered to an individual at a different physical location using
telecommunications or information technology by:
(A) a physician licensed in Texas; or
(B) a health professional who acts under the delegation
and supervision of a physician licensed in Texas and within the scope
of the health professional's license in Texas.
(68) Transfer--The movement (including the discharge)
of an individual outside a facility at the facility's direction, but
it does not include such a movement of an individual who has been
declared dead or leaves the facility without the facility's permission.
(69) Treating physician--A physician who coordinates
and oversees an individual's treatment.
(70) Unit--A discrete and identifiable area of an inpatient
mental health facility that includes individuals' rooms or other living
areas and is separated from another similar area:
(A) by a locked door;
(B) by a floor; or
(C) because the other similar area is in a different
(71) UP--Unlicensed person. A person, not licensed
as a health care provider, who provides certain health related tasks
and functions in a complementary or assistive role to the RN in providing
direct care of an individual or carrying out common nursing functions
as described in 22 TAC Chapter 224 (relating to Delegation of Nursing
Tasks by Registered Professional Nurses to Unlicensed Personnel for
Clients with Acute Conditions or in Acute Care Environments) and care
in conformity with this chapter:
(A) who is monetarily compensated, including nurse
aides, assistants, attendants, technicians, and other individuals
providing care or assistance of health-related services; or
(B) who is a professional nursing student, not licensed
as an RN or LVN, providing care for monetary compensation and not
as part of their formal education.
(72) Voluntarily admitted individual--An individual
receiving facility services based on an admission in accordance with:
(A) §306.55 of this subchapter (relating to Voluntary
Admission Criteria and Intake Process); or
(B) §306.59 of this subchapter (relating to Voluntary
Treatment Following Involuntary Admission).