Texas Statutes
Chapter 253 - Employee Misconduct Registry
Section 253.001. Definitions

Sec. 253.001. DEFINITIONS. In this chapter:
(1) "Commissioner" means the commissioner of aging and disability services.
(1-a) "Consumer" means a resident of or an individual receiving services from a facility covered by this chapter.
(1-b) "Consumer-directed service option" has the meaning assigned by Section 531.051, Government Code.
(2) "Department" means the Department of Aging and Disability Services.
(3) "Employee" means a person who:
(A) works at a facility or for an individual employer;
(B) is an individual who provides personal care services, active treatment, or any other personal services to a consumer or to an individual using the consumer-directed service option; and
(C) is not licensed by an agency of the state to perform the services the employee performs for the individual using the consumer-directed service option or at the facility or is a nurse aide employed by a facility.
(3-a) "Executive commissioner" means the executive commissioner of the Health and Human Services Commission.
(4) "Facility" means:
(A) a facility:
(i) licensed by the department; or
(ii) licensed under Chapter 252;
(B) an adult foster care provider that contracts with the department;
(C) a home and community support services agency licensed by the department under Chapter 142; or
(D) a prescribed pediatric extended care center licensed under Chapter 248A.
(4-a) "Financial management services agency" means an entity that contracts with the department to serve as a fiscal and employer agent for an individual employer using the consumer-directed service option.
(4-b) "Individual employer" means an individual or legally authorized representative who participates in the consumer-directed service option and is responsible for hiring providers to deliver program services.
(5) "Reportable conduct" includes:
(A) abuse or neglect that causes or may cause death or harm to an individual using the consumer-directed service option or a consumer;
(B) sexual abuse of an individual using the consumer-directed service option or a consumer;
(C) financial exploitation of an individual using the consumer-directed service option or a consumer in an amount of $25 or more; and
(D) emotional, verbal, or psychological abuse that causes harm to an individual using the consumer-directed service option or a consumer.
Added by Acts 1999, 76th Leg., ch. 629, Sec. 2, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1267, Sec. 6, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 809 (S.B. 1318), Sec. 21, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 15, eff. June 11, 2009.
Acts 2009, 81st Leg., R.S., Ch. 763 (S.B. 806), Sec. 8, eff. June 19, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 363 (H.B. 2683), Sec. 4, eff. January 1, 2014.
Acts 2013, 83rd Leg., R.S., Ch. 1168 (S.B. 492), Sec. 4, eff. September 1, 2013.