Tex.
Human Resources Code Section 48.401
Definitions
(1)
“Agency” means:(A)
an entity licensed under Chapter 142 (Home and Community Support Services), Health and Safety Code;(B)
a person exempt from licensing under Section 142.003 (Exemptions from Licensing Requirement)(a)(19) or (20), Health and Safety Code;(C)
a facility licensed under Chapter 252 (Intermediate Care Facilities for Individuals with an Intellectual Disability), Health and Safety Code; or(D)
a provider investigated by the department under Subchapter F or under Section 261.404 (Investigations Regarding Certain Children Receiving Services from Certain Providers), 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 (Consumer Direction of Certain Services for Persons with Disabilities and Elderly Persons), 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 (Investigations Regarding Certain Children Receiving Services from Certain Providers), Family Code, or an individual receiving services through the consumer-directed service option, as defined by Section 531.051 (Consumer Direction of Certain Services for Persons with Disabilities and Elderly Persons), 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 (Consumer Direction of Certain Services for Persons with Disabilities and Elderly Persons), Government Code.(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 546.0101 (Definitions), 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 (Investigations Regarding Certain Children Receiving Services from Certain Providers), Family Code, or an individual receiving services through the consumer-directed service option, as defined by Section 546.0101 (Definitions), 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 546.0101 (Definitions), Government Code.(4)
“Employee misconduct registry” means the employee misconduct registry established under Chapter 253 (Employee Misconduct; Registry), 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.
Source:
Section 48.401 — Definitions, https://statutes.capitol.texas.gov/Docs/HR/htm/HR.48.htm#48.401 (accessed Jun. 5, 2024).
