The following words and terms, when used in 40 TAC chs. 141,
142, 144, 147, 148, 150, and 153 of this title shall have the following
meanings, unless the context clearly indicates otherwise:
(1) Abuse--An intentional, knowing, or reckless act
or omission by provider personnel, a counselor, applicant for counselor
licensure, or counselor intern that causes or may cause death, emotional
harm or physical injury to a participant or client. Abuse includes
without limitation the following:
(A) any sexual activity between provider personnel,
a counselor, applicant for counselor licensure, or counselor intern
and a participant or client;
(B) corporal punishment;
(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 participant or client;
(F) restraint that does not conform with chapter 148
of this title (relating to Standard of Care);
(G) coercive or restrictive actions taken in response
to a participant or client's request for discharge or refusal of medication
or treatment that are illegal or not justified by the participant
or client's condition; and
(H) any other act or omission classified as abuse by
Texas law, including but not limited to, TEX. FAMILY CODE ANN. §261.001
(Vernon 1996) and TEX. HUM. RES. CODE ANN. §48.002 (Vernon Supp.
2004).
(2) Administrative Discharge--A discharge report processed
by the Commission for a client whose last admission date and/or last
billing end date exceeds 50 days.
(3) Administrative Follow-up--A report processed by
the Commission if 90 days for non-detoxification clients or 40 days
for detoxification clients have elapsed from the client's last discharge
date and the client has not been readmitted to the same provider within
60 days (non-detoxification clients) or ten days (detoxification clients).
(4) Administrative Hearing--An appeals hearing conducted
by the State Office of Administrative Hearings (SOAH).
(5) Administrative Law Judge (ALJ)--An individual appointed
by the chief administrative law judge of SOAH under TEX. GOV'T CODE
ANN. §2003.041 (Vernon 2004) to preside over a contested case
proceeding.
(6) Administrative Procedure Act (APA)--TEX. GOV'T
CODE ANN. ch. 2001 (Vernon 2000 & Supp. 2004), 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) Agency--TCADA.
(10) Alternative Activities--A strategy that gives
participants and their families the opportunity to take part in
educational, cultural, recreational, skill-building, and work-oriented
substance-free activities. Activities under this strategy are designed
to encourage and foster bonding with peers, family and community.
(11) Applicant--A person who has submitted an application
for an initial license to provide chemical dependency counseling or
treatment, renewal of a license, or certification or approval for
provision of an offender education program. For funding purposes,
an applicant is a person who has submitted a proposal or application
to provide substance abuse services in response to a solicitation
issued by the Commission.
(12) 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.
(13) ATOD--Alcohol, tobacco and other drugs collectively.
(14) Authorized Representative--An attorney authorized
to practice law in the State of Texas or, if authorized by applicable
law, a person designated in writing by a party to represent the party.
(15) Behavioral Health Integrated Provider System (BHIPS)--The
Commission's Internet-based computer system for contracted service
providers that offers contractors the tools to meet State and Federal
requirements for reporting, including capturing required client and
billing data.
(16) Block Grant--Substance Abuse Prevention and Treatment
Block Grant, 42 U.S.C. 300x-21, et seq.
(17) Brief Interventions--Practices designed to initiate
a resolution of a problem and motivate an individual to begin to do
something about his or her substance abuse. Brief interventions are
described in "Brief Interventions and Brief Therapies for Substance
Abuse" (Treatment Improvement Protocol 34), published by the United
States Department of Health and Human Services Center for Substance
Abuse Treatment (CSAT). Brief interventions are short counseling sessions
that can be as short as five minutes or long as an hour for "at
risk" or "harmful" users that are not chemically dependent. These
interventions are for the purpose of goal setting within safe limits,
giving self care instruction and referral to other sources that are
appropriate. For those clients that are dependent or for whom the
position along the stage of change spectrum of alcohol or drug problems
is uncertain, the brief intervention is a negotiation process to seek
further assessment and referral to an appropriate level of care. The
brief intervention is summarized by the acronym FRAMES: feedback,
responsibility, advice, menu of strategies, empathy and self-efficacy.
(18) Brief Therapy--A systematic, focused process that
relies on client engagement, and rapid implementation of change strategies.
Brief therapies are described in "Brief Interventions and Brief
Therapies for Substance Abuse" (Treatment Improvement Protocol 34),
published by CSAT.
(19) Business Day--A weekday on which State offices
are open.
(20) Center for Substance Abuse Prevention (CSAP) Prevention
Strategies--
(A) Community-Based Process--A strategy designed to
enhance the ability of the community to provide effective prevention,
intervention, and treatment services for ATOD problems and HIV infection
through community mobilization and empowerment. Activities include
multi-agency coordination and collaboration, networking, and development
of written agreements among community organizations.
(B) Environmental and Social Policy--A strategy designed
to establish or change written and unwritten community standards,
codes, and attitudes, thereby influencing incidence and prevalence
of substance abuse in the general population. It includes activities
that center on legal and regulatory initiatives and those that relate
to the service and action-oriented initiatives.
(C) Information Dissemination--A strategy that provides
awareness and knowledge of ATOD problems and/or HIV infection and
their harmful effects on individuals, families, and communities. It
also gives the general population information about available programs
and services. Information dissemination is characterized by one-way
communication from the source to the audience, with limited contact
between the two. Information is disseminated through written communications
and/or in-person community presentations.
(D) Prevention Education and Skills Training--A curriculum-based
strategy designed to develop decision-making, problem solving, and
other life skills. It also provides accurate information about the
harmful effects of ATOD use, abuse and addiction pertinent to the
needs of the target population. The basis of activities under this
strategy is interaction between the educator/facilitator and the participants.
These activities are aimed to increase protective factors, foster
resiliency, decrease risk factors and affect critical life and social
skills relative to substance abuse and/or HIV risk of the participant
and/or family members.
(E) Problem Identification and Referral--A strategy
that provides services designed to ensure access to appropriate levels
and types of services needed by youth or adult participants.
(F) Alternative Activities--A strategy that gives participants
and their families the opportunity to take part in educational, cultural,
recreational, skill-building, and work-oriented substance-free activities.
Activities under this strategy are designed to encourage and foster
bonding with peers, family and community.
Cont'd... |