| (29) Legal holiday--A holiday listed in the Texas Government
Code §662.021 and an officially designated county holiday applicable
to a court in which proceedings under the Texas Mental Health Code
are held.
(30) LIDDA--Local intellectual and developmental disability
authority. An entity designated as the local intellectual and developmental
disability authority by HHSC in accordance with Texas Health and Safety
Code §533A.035.
(31) LMHA--Local mental health authority. An entity
designated as the local mental health authority by HHSC in accordance
with Texas Health and Safety Code §533.035(a).
(32) LPHA--Licensed practitioner of the healing arts.
A person who possesses any of the following state licenses is considered
an LPHA and is automatically certified as a qualified mental health
professional-community services (QMHP-CS):
(A) a physician;
(B) a physician assistant;
(C) an APRN;
(D) a licensed psychologist;
(E) a licensed professional counselor;
(F) a licensed clinical social worker; or
(G) a licensed marriage and family therapist.
(33) LVN--Licensed vocational nurse. A person licensed
as a vocational nurse by the Texas Board of Nursing in accordance
with Texas Occupations Code Chapter 301.
(34) Medical director--A physician who is board eligible
or certified in psychiatry by the American Board of Psychiatry and
Neurology or by the American Osteopathic Board of Neurology and Psychiatry
and who provides clinical and policy oversight for the CSU.
(35) Medical record--A compilation of systematic and
organized information relevant to the services provided to an individual.
(36) Medical services--Acts or services provided by
a physician acting as described in Texas Occupations Code Chapter
151, or as delegated by a physician, in accordance with Texas Occupations
Code Chapter 157.
(37) Mental illness--An illness, disease, or condition,
other than a sole diagnosis of epilepsy, dementia, substance use disorder,
ID, or DD that:
(A) substantially impairs an individual's thought,
perception of reality, emotional process, or judgment; or
(B) grossly impairs behavior as demonstrated by recent
disturbed behavior.
(38) Monitoring--One or more staff members observing
an individual in person continuously or at pre-determined intervals;
as ordered by a physician or physician-delegated physician's assistant
(PA) or APRN; or by established protocol; and intervening when necessary
to protect the individual from harming self or others.
(39) Nursing facility--A Medicaid-certified facility
that is licensed in accordance with the Texas Health and Safety Code
Chapter 242.
(40) Nursing services--Acts or services provided by
a registered nurse (RN) acting within the RN's scope of practice and
assigned to an LVN, or delegated to an unlicensed person, in accordance
with Texas Occupations Code Chapter 301.
(41) Nursing staff--A person required to be licensed
in accordance with Texas Occupations Code Chapter 301 to engage in
professional or vocational nursing or the person delegated to perform
common nursing functions under the authority of an RN.
(42) Ombudsman--The Ombudsman for Behavioral Health
Access to Care established by Texas Government Code §531.02251,
which serves as a neutral party to help individuals, including individuals
who are uninsured or have public or private health benefit coverage
and behavioral health care providers navigate and resolve issues related
to the individual's access to behavioral health care, including care
for mental health conditions and substance use disorders.
(43) PA--Physician's assistant. A person licensed as
a physician assistant by the Texas State Board of Physician Assistant
Examiners in accordance with Texas Occupations Code Chapter 204.
(44) PASRR--Preadmission screening and resident review.
(45) PASRR Level I screening--The process of screening
an individual seeking admission to a nursing facility to identify
whether the individual is suspected of having a mental illness, ID,
or DD.
(46) PASRR Level II evaluation--A face-to-face evaluation:
(A) of an individual seeking admission to a nursing
facility who is suspected of having a mental illness, ID, or DD; and
(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
facility;
(ii) assess the individual's need for specialized services;
and
(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
Specialist Services).
(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
and:
(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
or LPHA;
(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
Cont'd... |
