The following words and terms, when used in this subchapter,
have the following meanings unless the context clearly indicates otherwise.
(1) Competency restoration--The treatment and education
process for restoring an individual's ability to consult with the
individual's attorney with a reasonable degree of rational understanding
and a rational and factual understanding of the court proceedings
and charges against the individual.
(2) Competency restoration training module (training
module)--An HHSC-reviewed training module used by provider staff members
to provide legal education to an individual receiving competency restoration
services.
(3) Court--A court of law presided over by a judge,
judges, or a magistrate in civil and criminal cases.
(4) HHSC--Texas Health and Human Services Commission
or its designee.
(5) ID--Intellectual disability. Consistent with Texas
Health and Safety Code, §591.003, significantly sub-average general
intellectual functioning existing concurrently with deficits in adaptive
behavior and originating before age 18.
(6) Individual--A person receiving services under this
subchapter.
(7) Inpatient mental health facility--A mental health
facility providing 24-hour residential and psychiatric services and
is:
(A) a facility operated by HHSC;
(B) a private mental hospital licensed by HHSC;
(C) a community center, facility operated by or under
contract with a community center or other entity HHSC designates to
provide mental health services;
(D) a local mental health authority or a facility operated
by or under contract with a local mental health authority;
(E) an identifiable part of a general hospital in which
diagnosis, treatment, and care for an individual with mental illness
is provided and is licensed by HHSC; or
(F) a hospital operated by a federal agency.
(8) IST--Incompetent to stand trial. A situation when
an individual does not have:
(A) sufficient present ability to consult with the
individual's lawyer with a reasonable degree of rational understanding;
or
(B) a rational as well as factual understanding of
the proceedings against the individual.
(9) JBCR--Jail-based competency restoration. Competency
restoration conducted in a county jail setting provided in a designated
space separate from the space used for the general population of the
county jail.
(A) County-based program--A jail-based competency restoration
program developed and implemented by a county or joint counties in
accordance with the Texas Code of Criminal Procedure, Article 46B.091.
(B) Pilot program--A jail-based competency restoration
pilot program implemented in accordance with the Texas Code of Criminal
Procedure, Article 46B.090.
(10) LBHA--Local behavioral health authority. An entity
designated as the local behavioral health authority by HHSC in accordance
with Texas Health and Safety Code §533.0356.
(11) 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.
(12) LMHA--Local mental health authority. An entity
designated as the local mental health authority by the executive commissioner
of HHSC in accordance with Texas Health and Safety Code, §533.035(a).
(13) Local unit of general purpose government--The
government of a county, municipality, township, Indian tribe, or other
unit of government (other than a state) which is a unit of general
government as defined in 13 United States Code §184.
(14) LPHA--Licensed practitioner of the healing arts.
A person who is:
(A) a physician;
(B) a physician assistant;
(C) an advanced practice registered nurse;
(D) a licensed psychologist;
(E) a licensed professional counselor;
(F) a licensed clinical social worker; or
(G) a licensed marriage and family therapist.
(15) Mental illness--An illness, disease, or condition
(other than a sole diagnosis of epilepsy, dementia, substance use
disorder, or ID) that:
(A) substantially impairs an individual's thought,
perception of reality, emotional process, or judgment; or
(B) grossly impairs an individual's behavior as demonstrated
by recent disturbed behavior.
(16) Provider--An entity that contracts with HHSC or
a county to provide JBCR program services.
(17) Provider staff member--An employee or person whom
the provider contracts or subcontracts for the provision of JBCR program
services. A provider staff member includes specially trained security
officers, all licensed and credentialed staff, and other persons
directly contracted or subcontracted to provide JBCR services to an
individual.
(18) QIDP--Qualified intellectual disability professional
as defined in 42 CFR §483.430(a).
(19) QMHP-CS--Qualified mental health professional-community
services. As defined in Chapter 412, Subchapter G, of this title (relating
to Mental Health Community Services Standards).
(20) Residential care facility--A state supported living
center or the Intermediate Care Facilities for Individuals with an
Intellectual Disability (ICF-IID) component of the Rio Grande State
Center.
(21) Serious injury--An injury determined by a physician
to require medical treatment by a licensed medical professional (e.g.,
physician, dentist, physician's assistant, or advance practice nurse)
or requires medical treatment in an emergency department or licensed
hospital.
(22) Significantly sub-average general intellectual
functioning--Consistent with Texas Health and Safety Code, §591.003,
measured intelligence on standardized general intelligence tests of
two or more standard deviations (not including standard error of measurement
adjustments) below the age-group mean for the test used.
(23) Specially trained jailer--A person appointed or
employed as a county jailer assigned to work for the JBCR provider.
(24) State mental health facility--A state hospital
or a state center with an inpatient psychiatric component.
(25) Subcontractor--A person or entity that contracts
with the provider of JBCR program services.
(26) Texas Commission on Jail Standards--The regulatory
agency for all county jails and privately operated municipal jails
in the state, as established in the Texas Government Code, Chapter
511.
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| Source Note: The provisions of this §307.105 adopted to be effective August 6, 2018, 43 TexReg 5091; transferred effective February 15, 2020, as published in the Texas Register January 17, 2020, 45 TexReg 470 |
