The following words and terms, when used in this subchapter (relating to Criminal History and Registry Checks for MRAs and Community Centers), have the following meanings, unless the context clearly indicates otherwise:
  (1) Applicant--A person to whom an MRA, community center, or contract agency intends to offer employment, a contract, or volunteer status.
  (2) Community center--A community mental health and mental retardation center established under the Texas Health and Safety Code, Title 7, Chapter 534, Subchapter A.
  (3) Contract--An agreement between an MRA, community center, or contract agency and a contractor whose contractual duties may put the contractor in direct contact with an individual.
  (4) Contract agency--A person that contracts with an MRA or community center to provide an employee or contractor whose duties may put the employee or contractor in direct contact with an individual.
  (5) Contractor--A person who contracts with an MRA, community center, or contract agency and whose contractual duties may put the person in direct contact with an individual.
  (6) Conviction--The adjudication of guilt for a criminal offense. The term does not include deferred adjudication community supervision as described in Texas Health and Safety Code, §250.006(d).
  (7) DADS--The Department of Aging and Disability Services.
  (8) Employee--A person who is employed by an MRA, community center, or contract agency and whose duties may put the person in direct contact with an individual.
  (9) Individual--A person receiving services that are funded by or through DADS and provided by an MRA or community center or provided by a contract agency through a contract with an MRA or community center.
  (10) MRA--Mental retardation authority. An entity designated in accordance with Texas Health and Safety Code, §533.035(a).
  (11) Registry--
    (A) The employee misconduct registry maintained by DADS in accordance with Texas Health and Safety Code, Chapter 253, and Chapter 93 of this title (relating to Employee Misconduct Registry (EMR)); or
    (B) The nurse aide registry maintained by DADS in accordance with §94.10 of this title (relating to Registry, Findings, and Inquiries).
  (12) Volunteer--A person who provides services to an MRA, community center, or contract agency without compensation from the MRA, community center, or contract agency, other than reimbursement for actual expenses, and whose duties may put the person in direct contact with an individual.

Source Note: The provisions of this §301.605 adopted to be effective October 6, 2011, 36 TexReg 6513; transferred effective May 31, 2024, as published in the May 3, 2024, issue of the Texas Register, 49 TexReg 3019