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RULE §383.105Definitions

The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:

  (1) Family member--The person's spouse, parent, sibling, adult child, or any individual the person identifies as playing a significant role in the person's life.

  (2) Informed consent--The knowing agreement of the person or the person's legally authorized representative (LAR) to a proposed transfer, given under the person's or LAR's ability to exercise free power of choice without undue inducement or any element of force, fraud, deceit, duress, or other form of constraint or coercion.

  (3) ICC--Interstate compact coordinator.

  (4) Legally authorized representative (LAR)--An individual authorized by law to act on behalf of a person with regard to a matter described in this subchapter, and who may include a parent. guardian, or managing conservator of a child or adolescent, or a guardian of a person who is an adult.

  (5) Local authority--An entity designated by the TDMHMR commissioner in accordance with the Texas Health and Safety Code, §533.035(a).

  (6) Person--The individual for whom interstate transfer is requested.

  (7) State MH facility--A state hospital or a state center with an inpatient component that is operated by TDMHMR.

  (8) State MR facility--A state school or a state center with a mental retardation residential component that is operated by TDMHMR.

  (9) Texas ICC--The employee at TDMHMR's Central Office responsible for coordinating interstate transfers to and from Texas.

  (10) TDMHMR--The Texas Department of Mental Health and Mental Retardation.

  (11) TDMHMR facility--A state MH facility or a state MR facility.

  (12) Transfer--The importation or deportation of a person under the provisions of the Texas Mental Health Code, Texas Health and Safety Code, Title 7, §571.008; the Texas Mental Health and Mental Retardation Act, Texas Health and Safety Code, Title 7, §533.011 and §533.014(a)(3); or the Interstate Compact on Mental Health, Texas Health and Safety Code, Title 7, Chapter 612.

Source Note: The provisions of this §383.105 adopted to be effective November 1, 2001, 26 TexReg 8513; transferred effective September 1, 2004, as published in the Texas Register September 17, 2004, 29 TexReg 9013

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