SECTION 415.303. Definitions

The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:

(1) Adolescent--A person who is 13, 14, 15, 16, or 17 years of age.

(2) Adult--A person who is 18 years of age or older.

(3) Assessment of risk for manifest dangerousness--An age and developmentally appropriate comprehensive evaluation of the commonly accepted risk factors for violence and the results of evidence based tools that assess and/or measure risk of violence.

(4) Child--A person who is 12 years of age or younger.

(5) Commissioner--The commissioner of the Texas Department of State Health Services or designee.

(6) DSHS--The Texas Department of State Health Services.

(7) DSHS Dangerousness Review Board (DRB)--Five mental health professionals impaneled in accordance with §415.305(e) of this title (relating to Procedures and Requirements for All Review Boards) to conduct a hearing to determine whether or not an individual served in the MSU/SAU is manifestly dangerous.

(8) Facility--Any state hospital, or a state center with an inpatient component, that is operated by DSHS, excluding Waco Center for Youth.

(9) Facility CEO (chief executive officer)--The superintendent or director of a facility or his/her designee.

(10) Facility review board--Five mental health professionals impaneled in accordance with §415.305(e) of this title to conduct a hearing to determine whether or not an individual served in a facility is manifestly dangerous.

(11) Hearing--An oral proceeding conducted by a review board in accordance with §415.305(g) of this title in which evidence relating to an individual's possible manifest dangerousness is heard.

(12) Independent evaluator--A licensed physician or mental health professional (as defined) retained by an individual or LAR who conducts an evaluation or examination of the individual.

(13) Individual--An adult or adolescent committed to a facility (as defined) who is to be the subject of a hearing to determine manifest dangerousness or who has been determined manifestly dangerousness in accordance with this subchapter.

(14) LAR or legally authorized representative--A person authorized by law to act on behalf of an individual with regard to a matter described in this subchapter, and who may include a parent, guardian, or managing conservator of a minor individual, or a guardian of an adult individual.

(15) Local authority--An entity designated by the commissioner in accordance with the Texas Health and Safety Code, §533.035(a).

(16) Manifestly dangerous--The term used to describe an individual who, despite receiving appropriate treatment, including treatment targeted to the individual's dangerousness, remains likely to endanger others and requires a maximum security environment in order to continue treatment and protect public safety.

(17) Mental health professional--A person, licensed in the State of Texas, who has at least one year of experience as a provider of mental health services within the past five years and who is:

(A) a licensed physician who has successfully completed a psychiatric residency;

(B) a licensed psychologist or licensed psychological associate;

(C) a licensed master social worker (LMSW);

(D) a licensed registered nurse with a bachelor's degree in nursing with American Nurses Credentialing Center (ANCC) certification in psychiatric/mental health nursing;

(E) an advanced practice registered nurse licensed to practice in the area of psychiatric/mental health nursing; or

(F) a licensed registered nurse with a master's degree in psychiatric/mental health nursing.

(18) Maximum security unit--A facility unit designated by the commissioner to treat adults who are determined manifestly dangerous in accordance with this subchapter and persons who have been committed pursuant to the Texas Code of Criminal Procedure, Article 46B or 46C.

(19) MSU/SAU (maximum security unit/secure adolescent unit)--Either the maximum security unit or the secure adolescent unit, as appropriate to the individual.

(20) MSU/SAU CEO (chief executive officer)--The superintendent or director, or his/her designee, of the facility at which the MSU/SAU is located.

(21) Receiving facility--

(A) For an individual who was transferred to the MSU/SAU--The receiving facility is the facility that transferred the individual to the MSU/SAU unless another facility is identified as the receiving facility.

(B) For an individual who was committed to the MSU/SAU pursuant to the Texas Code of Criminal Procedure--The receiving facility is the facility in the service area of the local authority that serves the individual's county of residence unless another facility or state mental retardation facility is identified as the receiving facility.

(22) Risk management plan--A plan for managing the factors contributing to an individual's potential for dangerousness that is implemented following transfer from the MSU/SAU and which includes a description of the level of external controls needed to ensure the safety of others and effective treatment for the individual, the type of commitment needed to support these controls, and recommendations for continuing care.

(23) Secure adolescent unit--A facility unit designated by the commissioner to treat adolescents who are determined manifestly dangerous in accordance with this subchapter.

(24) Spokesperson--A person appointed by an individual or LAR to represent the individual or LAR at a hearing. A spokesperson may be an attorney, a relative, a friend, or advocate.

Source Note: The provisions of this §415.303 adopted to be effective July 17, 2002, 27 TexReg 6297; amended to be effective July 19, 2011, 36 TexReg 4567