Notwithstanding the provisions of §441.101 of this title
(relating to Definitions), the following words and terms, when used
in this subchapter, shall have the following meanings, unless the
context clearly indicates otherwise.
(1) Abuse--An intentional, knowing, or reckless act
or omission by a counselor, applicant for counselor licensure, counselor
intern, certified clinical supervisor, clinical training institution,
or personnel of any such person that causes or may cause death, emotional
harm or physical injury to a client. Abuse includes, without limitation,
the following:
(A) any sexual contact, sexual exploitation, or indecent
exposure between a counselor, applicant for counselor licensure, counselor
intern, certified clinical supervisor, clinical training institution,
or personnel of any such person, and a client, or as otherwise defined
in this section;
(B) corporal punishment or physical assault;
(C) nutritional deprivation or sleep deprivation;
(D) efforts to cause fear;
(E) the use of any form of communication to threaten,
curse, shame, or degrade a client;
(F) restraint that does not conform with Chapter 448
of this title (relating to Standard of Care);
(G) coercive or restrictive actions taken in response
to a client's request for discharge or refusal of medication or treatment
that are illegal or not justified by the client's condition; and
(H) any other act or omission classified as abuse by
Texas law, including, but not limited to, Texas Family Code, §261.001
and Texas Human Resources Code, §48.002.
(2) Accredited institution of higher education--An
institution that holds accreditation or candidacy status from an accreditation
organization recognized by the Council for Higher Education Accreditation.
(3) Act--Texas Occupations Code, Chapter 504, Chemical
Dependency Counselors.
(4) Administrative Hearing--A contested case hearing
conducted by the State Office of Administrative Hearings (SOAH) under
Texas Government Code, Chapter 2001, Administrative Procedure Act.
(5) Administrative Law Judge--An individual appointed
by the chief administrative law judge of SOAH under Texas Government
Code, §2003.041, to preside over a contested case proceeding.
(6) Administrative Procedure Act (APA)--Texas Government
Code, Chapter 2001, as amended.
(7) Adolescent--An individual 13 through 17 years of
age whose disabilities of minority have not been removed by marriage
or judicial decree.
(8) Adult--An individual 18 years of age or older,
or an individual under the age of 18 whose disabilities of minority
have been removed by marriage or judicial decree.
(9) Advanced Practice Nurse--A registered nurse currently
licensed in Texas who is approved by the Texas Board of Nursing to
engage in advanced practice.
(10) Applicant--A person who has submitted an application
for an initial, or for the renewal of, a license, certification, or
registration.
(11) Assessment--An ongoing process through which the
counselor collaborates with the client and others to gather and interpret
information necessary for developing and revising a treatment plan
and evaluating client progress toward achievement of goals identified
in the treatment plan, resulting in comprehensive identification of
the client's strengths, weaknesses, and problems/needs.
(12) Career School or College--An organization approved
and regulated by the Texas Workforce Commission, pursuant to Title
40, Texas Administrative Code, Chapter 807 (relating to Career Schools
and Colleges), that offers a course of study in chemical dependency
counseling.
(13) Certified Clinical Supervisor (CCS)--A person
certified by the department pursuant to Texas Occupations Code §504.1521
(relating to Supervised Work Experience).
(14) Chemical Dependency Treatment (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.
(15) 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.
(16) Client--An individual who receives or has received
services, including admission authorization or assessment or referral,
from a chemical dependency counselor, counselor intern, applicant
for licensure as a counselor, certified clinical supervisor, clinical
training institution, or from a person for whom the counselor, intern,
certified clinical supervisor or applicant is working on a paid or
voluntary basis, or was working at the time the individual was a client.
(17) Clinical Training Institution (CTI)--An individual
or legal entity registered with the department to supervise a counselor
intern.
(18) Counseling-related field--A mental health discipline
utilizing human development, psychotherapeutic, and mental health
principles including, but not limited to, psychology, psychiatry,
social work, marriage and family therapy, and counseling and guidance.
Non-counseling related fields include, but are not limited to, sociology,
education, administration, dance therapy and theology.
(19) Counselor--A licensed chemical dependency counselor.
(20) Counselor Intern (CI or intern)--A person seeking
a license as a chemical dependency counselor who is registered with
the department and pursuing a course of training in chemical dependency
counseling at a registered clinical training institution or under
the supervision of a certified clinical supervisor.
(21) CSAT--Center for Substance Abuse Treatment, Substance
Abuse and Mental Health Services Administration, United States Department
of Health and Human Services.
(22) Diagnostic and Statistical Manual of Mental Disorders
(DSM)--The Diagnostic and Statistical Manual of Mental Disorders published
by the American Psychiatric Association. Any reference to DSM shall
constitute a reference to the most recent edition published.
(23) Department--The Department of State Health Services.
(24) Exploitation--The illegal or improper use of a
client, or the client's resources, for monetary or personal benefit,
profit, or gain 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, Texas Family Code, §261.001
and Texas Human Resources Code, §48.002. Exploitation includes,
but is not limited to, sexual exploitation, as defined herein.
(25) Graduate--An individual who has successfully completed,
or been exempted from, as applicable, the 270 hours of education,
300 hour practicum, and 4,000 hours of supervised work experience
and who is still registered with the department as a counselor intern.
(26) Hearing--Administrative Hearing.
(27) Indecent Exposure--Exposure by a chemical dependency
counselor, counselor intern, certified clinical supervisor, applicant
for any such license, or personnel of a clinical training institution
or other licensee, of the individual's anus or any part of the individual's
genitals, knowing a client is present; or compulsion or encouragement
by a chemical dependency counselor, counselor intern, certified clinical
supervisor, applicant for any such license, or personnel of a clinical
training institution or other licensee, for a client to expose the
client's anus or any part of the client's genitals.
(28) Knowledge, Skills, and Attitudes (KSAs)--The knowledge,
skills, and attitudes of addictions counseling as defined by CSAT
Technical Assistance Publication (TAP 21) "Addictions Counseling Competencies:
the Knowledge, Skills, and Attitudes of Professional Practice."
(29) License--Unless otherwise specified explicitly
or by the context, any form of licensure issued under this subchapter,
including a CI registration, CCS certification, CTI registration,
or licensed chemical dependency counselor license.
(30) Licensed Chemical Dependency Counselor (LCDC)--A
counselor licensed by the department, pursuant to Texas Occupations
Code, Chapter 504, to engage in the practice of chemical dependency
counseling.
(31) Licensee--Unless otherwise specified explicitly
or by the context, any holder of a license issued under this subchapter,
including the holder of a CI registration, CCS certification, CTI
registration, or LCDC license.
Cont'd... |
