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TITLE 26HEALTH AND HUMAN SERVICES
PART 1HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 306BEHAVIORAL HEALTH DELIVERY SYSTEM
SUBCHAPTER BSTANDARDS OF CARE IN CRISIS STABILIZATION UNITS
DIVISION 1GENERAL REQUIREMENTS
RULE §306.45Definitions

    (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 contact;

    (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; and

    (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 building.

  (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).


Source Note: The provisions of this §306.45 adopted to be effective May 27, 2021, 46 TexReg 3257

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