| (21) Chemical Dependency--In addition to the statutory
provisions defining chemical dependency as abuse of, dependence on,
or addiction to alcohol or a controlled substance (as defined by TEX.
HEALTH & SAFETY CODE ANN. ch. 481 (Vernon 2001) and related
statutory provisions in TEX. HEALTH & SAFETY CODE ANN. chs. 461
and 464 (Vernon 2001 & Supp. 2004), the Commission also defines
chemical dependency as substance-related disorders as that term is
used in the most recent published edition of the Diagnostic and Statistical
Manual of Mental Disorders (See DSM).
(22) Chemical Dependency Counseling--See Practice of
Chemical Dependency Counseling.
(23) Chemical Dependency Counselor--See Licensed Chemical
Dependency Counselor (LCDC).
(24) Chemical Dependency Counselor Intern--A person
registered with the Commission who is pursuing a course of training
in chemical dependency counseling at a registered clinical training
institution.
(25) Chemical Dependency Treatment--A planned, structured,
and organized chemical dependency program designed to initiate and
promote a person's chemical-free status or to maintain the person
free of illegal drugs. It includes, but is not limited to, the application
of planned procedures to identify and change patterns of behavior
related to or resulting from substance-related disorders that are
maladaptive, destructive, or injurious to health, or to restore appropriate
levels of physical, psychological, or social functioning.
(26) Child--For purposes of reporting abuse and neglect,
a child is an individual under the age of 18 whose disabilities of
minority have not been removed by marriage or judicial decree. For
all other purposes in these rules, child shall mean an individual
under the age of 13.
(27) Child Abuse and Neglect--Any act or omission that
constitutes abuse or neglect of a child under the age of 18 by a person
responsible for a child's care, custody, or welfare as defined in
the TEX. FAM. CODE ANN. §261.001 (Vernon 1996).
(28) Client--An individual who receives or has received
services, including admission authorization or assessment or referral,
from a chemical dependency treatment provider, counselor, counselor
intern, or applicant for licensure as a counselor, or from an organization
where the counselor, intern or applicant is working on a paid or voluntary
basis.
(29) Client Data Systems (CDS) Forms--CDS forms consist
of the admission/transfer admission report, discharge report, and
follow-up report.
(30) Clinical Evaluation--A systematic approach to
screening and assessment.
(31) Clinical Training Institution (CTI)--An individual
or legal entity registered with the Commission to supervise a counselor
intern.
(32) Cognizant Agency--The Federal or State agency
responsible for reviewing, negotiating, and approving an organization's
indirect cost rate. TCADA has not been designated as a cognizant agency.
(33) Commission--Texas Commission on Alcohol and Drug
Abuse and its branches, divisions, departments, and employees.
(34) Consenter--The individual legally responsible
for giving informed consent for a client. Unless otherwise provided
by law, a legally competent adult is his or her own consenter and
the consenter for an adolescent or child is the parent, guardian,
or conservator. Texas law allows a person 16 or 17 years of age to
consent to his or her own treatment.
(35) Contested Case--A proceeding, including but not
restricted to licensing, in which the legal rights, duties, or privileges
of a party are to be determined by the Commission after an opportunity
for adjudicative hearing.
(36) Contractor--Person funded by the Commission to
provide substance abuse services unless otherwise specified.
(37) Cost Reimbursement--A payment mechanism used for
prevention and intervention services in which funds are provided
to carry out approved activities based on an approved budget.
(38) Counseling--A collaborative process that facilitates
the client's progress toward mutually determined treatment goals and
objectives. Counseling includes methods that are sensitive to individual
client characteristics and to the influence of significant others,
as well as the client's cultural and social context. Competence in
counseling is built upon the understanding of, appreciation of, and
ability to appropriately use the modalities of care for individuals,
groups, families, couples, and significant others.
(39) Counselor--A qualified credentialed counselor,
graduate or counselor intern working towards licensure that would
qualify them to be a qualified credentialed counselor (QCC).
(40) Crisis Intervention--Actions designed to intervene
in situations which require immediate attention to avert potential
harm to self or others. Services include face-to-face individual,
family, or group interviews/interactions and/or telephone contacts
to identify needs.
(41) Days--Calendar days, unless otherwise specified.
(42) Digital Authentication Key--Identification data
(that includes user identification and a time stamp) that is digitally
stamped on electronic documents identifying the specific user that
created the document. The identification data shall be controlled
by a unique user ID and an encrypted password.
(43) Direct Care Staff--Staff responsible for providing
treatment, care, supervision, or other direct client services that
involve face-to-face contact with a client.
(44) Discharge--Formal, documented termination of services.
(45) Document (noun)--A written or electronic record.
(46) Diagnostic and Statistical Manual of Mental Disorders
(DSM)--The Diagnostic and Statistical Manual of Mental Disorders published
by the American Psychiatric Association. The current version is the
Fourth Edition, Text Revision (DSM-IV-TR). Any reference to DSM shall
constitute a reference to the most recent edition then published.
(47) Driving While Intoxicated (DWI)--The offense of
driving while intoxicated as defined in the TEX. PEN. CODE ANN.
ch. 49 (Vernon 2003).
(48) Elderly--A person 65 years of age or older.
(49) Emergency Behavioral Health Condition--Any condition,
without regard to the nature or cause of the condition, which in the
opinion of a prudent lay person possessing an average knowledge of
medicine and health, requires immediate intervention and/or medical
attention without which an individual would present a danger to themselves
or others or which renders individuals incapable of controlling, knowing
or understanding the consequences of their actions.
(50) Encryption--A method that allows secure transmittal
of information along the Internet by encoding the transmitted data
using a mathematical formula that scrambles the data. Without a
corresponding "decoder," the transmission would be unusable.
(51) Executive Director--The chief administrative officer
or designee of the Texas Commission on Alcohol and Drug Abuse.
(52) Exploitation--The illegal or improper use of a
client or participant, or their resources, for monetary or personal
benefit, profit, or gain by provider personnel, a staff member, volunteer,
or other individual working under the auspices of a provider or by
a counselor, counselor intern or applicant for counselor licensure
or any other act or omission classified as exploitation by Texas law
including, but not limited to, TEX. FAM. CODE §261.001 (Vernon
1996) and TEX. HUM. RES. CODE §48.002 (Vernon Supp. 2004).
(53) Facility--See Treatment Facility.
(54) Family--The children, parents, brothers, sisters,
other relatives, foster parents, guardians, and/or significant others
who perform the roles and functions of family members in the lives
of clients or participants.
(55) Fiscal Year--The Commission's fiscal year, September
1-August 31, unless otherwise specified.
(56) Gender Specific--Therapy, education and/or program
components that are designed to address emotional, developmental,
rehabilitative, health and/or other issues that are specific to the
gender of the client.
(57) Graduate--An individual who has successfully completed
the 270 hours of education, 300 hour practicum, and 4,000 hours
of supervised work experience and who is still registered with the
Commission as a counselor intern.
(58) Health Insurance Portability and Accountability
Act of 1996 (HIPAA)--Pub. L. No. 104-191, 45 C.F.R. pts. 160 and 164.
Cont'd... |
