Section 307.105 - DefinitionsThe 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: (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 511.26 Tex. Admin. Code § 307.105
Adopted by Texas Register, Volume 41, Number 02, January 8, 2016, TexReg 475, eff. 1/7/2016; Adopted by Texas Register, Volume 43, Number 31, August 3, 2018, TexReg 5093, eff. 8/6/2018; Transferred from T. 25, § 416.78 by Texas Register, Volume 45, Number 03, January 17, 2020, TexReg 470, eff. 2/15/2020.