The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise.
  (1) Administrator--The individual, appointed by a governing body, who has authority to represent the hospital and, as delegated by the governing body, has responsibility for operating the hospital in accordance with the hospital's written policies and procedures.
  (2) Administrator's designee--An individual designated in a hospital's written policies and procedures to act for a specified purpose on behalf of the administrator.
  (3) Admission--The acceptance of an individual to a hospital's custody and care for inpatient mental health treatment based on:
    (A) a physician's order issued in accordance with §568.22(f)(2)(B) of this chapter (relating to Voluntary Admission);
    (B) a physician's order issued in accordance with §568.23(c)(3) of this chapter (relating to Emergency Detention);
    (C) an order of protective custody issued in accordance with Texas Health and Safety Code §574.022;
    (D) an order for temporary inpatient mental health services issued in accordance with Texas Health and Safety Code §574.034;
    (E) an order for extended inpatient mental health services issued in accordance with Texas Health and Safety Code §574.035;
    (F) an order for commitment issued in accordance with Texas Code of Criminal Procedure Chapters 46B or 46C; or
    (G) an order for placement in accordance with Texas Family Code Chapter 55.
  (4) Adult--An individual 18 years of age.
  (5) Business day--Any day except a Saturday, Sunday, or legal holiday listed in Texas Government Code §662.021.
  (6) CFR--The Code of Federal Regulations.
  (7) Day--Calendar day.
  (8) Discharge--The release by a hospital of a patient from the custody and care of the hospital.
  (9) DSM--The current edition of the Diagnostic Statistical Manual of Mental Disorders published by the American Psychiatric Association.
  (10) Emergency medical condition--A medical condition manifesting itself by acute symptoms of sufficient severity (including severe pain, psychiatric disturbances or symptoms of substance use disorder) such that the absence of immediate medical attention could reasonably be expected to result in:
    (A) placing the health of the individual (or with respect to a pregnant woman, the health of the woman or her unborn child) or others in serious jeopardy;
    (B) serious impairment to bodily functions;
    (C) serious dysfunction of any bodily organ or part;
    (D) serious disfigurement; or
    (E) in the case of a pregnant woman who is having contractions:
      (i) that there is inadequate time to effect a safe transfer to another hospital before delivery; or
      (ii) that transfer may pose a threat to the health or safety of the woman or the unborn child.
  (11) Governing body--The governing authority of a hospital that is responsible for the hospital's organization, management, control and operation, including appointment of the administrator.
  (12) HHSC--The Texas Health and Human Services Commission.
  (13) Hospital--
    (A) A private psychiatric hospital licensed under Texas Health and Safety Code Chapter 577 (relating to Private Mental Hospitals and Other Mental Health Facilities) and Chapter 510 of this title (relating to Private Psychiatric Hospitals and Crisis Stabilization Units); or
    (B) an identifiable inpatient mental health services unit in a hospital licensed under Texas Health and Safety Code Chapter 241 (relating to Hospitals) and 25 TAC Chapter 133 (relating to Hospital Licensing).
  (14) Interdisciplinary treatment team (IDT)--A group of individuals who possess the knowledge, skills and expertise to develop and implement a patient's treatment plan and includes:
    (A) the patient's treating physician;
    (B) the patient and the patient's legally authorized representative (LAR), if any;
    (C) the staff members identified in the treatment plan as responsible for providing or ensuring the provision of each treatment in accordance with §568.61(c)(1)(E)(iii) of this chapter (relating to Inpatient Mental Health Treatment and Treatment Planning);
    (D) any individual identified by the patient or the patient's LAR, unless clinically contraindicated; and
    (E) other staff members as clinically appropriate.
  (15) Inpatient mental health treatment--Residential care provided in a hospital for a patient with a mental illness diagnosis, which may include a co-occuring diagnosis of a substance use, neurodevelopmental disorder, or both, which includes:
    (A) medical services;
    (B) nursing services;
    (C) social services;
    (D) therapeutic activities, if ordered by the treating physician; and
    (E) psychological services, if ordered by the treating physician.
  (16) Involuntary patient--A patient who is receiving inpatient mental health treatment based on an admission made in accordance with:
    (A) §568.23 of this chapter (relating to Emergency Detention); or
    (B) §568.24 of this chapter (relating to Admission of an Individual under an Order of Protective Custody, for Court-ordered Inpatient Mental Health Services, or Under Order for Commitment or Order for Placement).
  (17) Legally authorized representative (LAR)-- A parent, guardian, or managing conservator of a minor, or the guardian of an adult authorized by law to act on behalf of an individual regarding a matter described in this subchapter regarding:
    (A) admission, treatment, transfer, or discharge, including:
      (i) a parent, non-Department of Family and Protective Services managing conservator or guardian of minor;
      (ii) a Department of Family and Protective Service managing conservator of a minor acting pursuant to Texas Health and Safety Code §572.001(c-2)-(c-4); and
      (iii) a person eligible to consent to treatment for a minor under Texas Family Code §32.001(a)(1), (2), or (3), who may request from a district court authorization under Texas Family Code Chapter 35A for the temporary admission of a minor who has been within their care for the past 6 months.
    (B) consent on behalf of an individual with regard to a matter described in this subchapter other than admission, treatment, transfer, or discharge, including:
      (i) persons described by subparagraph (A) of this paragraph; and
      (ii) an agent acting under a Medical Power of Attorney under Texas Health and Safety Code Chapter 250 or a Declaration for Mental Health Treatment under Texas Civil Practice and Remedies Code Chapter 137.
  (18) Legal holiday--A holiday listed in Texas Government Code §662.021 and an officially designated county holiday applicable to a court in which proceedings are held under the Texas Mental Health Code.
  (19) Licensed marriage and family therapist--An individual who is licensed as a marriage and family therapist by the Texas Behavioral Health Executive Council in accordance with Texas Occupations Code Chapter 502.
  (20) Licensed master social worker--An individual who is licensed as a master social worker by the Texas Behavioral Health Executive Council in accordance with Texas Occupations Code Chapter 505.
  (21) Licensed professional counselor--An individual who is licensed as a professional counselor by the Texas Behavioral Health Executive Council in accordance with Texas Occupations Code Chapter 503.
  (22) Licensed psychologist--An individual who is licensed as a psychologist by the Texas Behavioral Health Executive Council in accordance with Texas Occupations Code Chapter 501.
  (23) Licensed social worker--An individual who is licensed as a social worker by the Texas Behavioral Health Executive Council in accordance with Texas Occupations Code Chapter 505.
  (24) Licensed vocational nurse (LVN)--An individual who is licensed as a vocational nurse by the Texas Board of Nursing in accordance with Texas Occupations Code Chapter 301.
  (25) Mandatory overtime--The time, other than on-call time, a nursing staff member is required to work at a hospital beyond the hours or days that were scheduled for the staff member. Neither the length of the shift (whether 4, 8, 12, or 16 hours) nor the number of shifts scheduled to work per week (whether 4, 5, or 6 per week) is the determinative factor in deciding whether time is mandatory overtime.
Cont'd...