Sec. 48.401. DEFINITIONS. In this subchapter:
(1) "Agency" means:
(A) an entity licensed under Chapter 142, Health and Safety Code;
(B) a person exempt from licensing under Section 142.003(a)(19), Health and Safety Code;
(C) a facility licensed under Chapter 252, Health and Safety Code; or
(D) a provider investigated by the department under Subchapter F or under Section 261.404, Family Code.
(2) "Commissioner" means the commissioner of the Department of Family and Protective Services.
(3) "Employee" means a person who:
(A) works for:
(i) an agency; or
(ii) an individual employer participating in the consumer-directed service option, as defined by Section 531.051, Government Code;
(B) provides personal care services, active treatment, or any other services to an individual receiving agency services, an individual who is a child for whom an investigation is authorized under Section 261.404, Family Code, or an individual receiving services through the consumer-directed service option, as defined by Section 531.051, Government Code; and
(C) is not licensed by the state to perform the services the person performs for the agency or the individual employer participating in the consumer-directed service option, as defined by Section 531.051, Government Code.
(4) "Employee misconduct registry" means the employee misconduct registry established under Chapter 253, Health and Safety Code.
(5) "Reportable conduct" includes:
(A) abuse or neglect that causes or may cause death or harm to an individual receiving agency services;
(B) sexual abuse of an individual receiving agency services;
(C) financial exploitation of an individual receiving agency services in an amount of $25 or more; and
(D) emotional, verbal, or psychological abuse that causes harm to an individual receiving agency services.
Reenacted and amended by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 13.001, eff. September 1, 2011.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 363 (H.B. 2683), Sec. 10, eff. January 1, 2014.
Acts 2015, 84th Leg., R.S., Ch. 860 (S.B. 1880), Sec. 10, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1272 (S.B. 760), Sec. 18, eff. September 1, 2015.
Section: Previous 48.255 48.256 48.257 48.258 48.301 48.302 48.303 48.304 48.401 48.402 48.403 48.404 48.405 48.406 48.407 NextLast modified: September 28, 2016