In this chapter, when the alleged perpetrator is a direct provider, physical abuse is defined as:
  (1) an act or failure to act performed knowingly, recklessly, or intentionally, including incitement to act, which caused or may have caused physical injury or death to an individual receiving services;
  (2) an act of inappropriate or excessive force or corporal punishment, regardless of whether the act results in a physical injury to an individual receiving services; or
  (3) the use of chemical or bodily restraints or seclusion on an individual receiving services not in compliance with federal and state laws and regulations, including:
    (A) 25 TAC Chapter 415, Subchapter F (relating to Interventions in Mental Health Programs);
    (B) 25 TAC Chapter 404, Subchapter E (relating to Rights of Persons Receiving Mental Health Services);
    (C) 40 TAC Chapter 3, Subchapter F (relating to Restraints);
    (D) 40 TAC Chapter 90, Subchapter C (relating to Standards for Licensure);
    (E) 40 TAC Chapter 2, Subchapter G (relating to Role and Responsibilities of a Local Authority);
    (F) 40 TAC Chapter 9, Subchapter D (relating to Home and Community-based Services (HCS) Program and Community First Choice (CFC));
    (G) 40 TAC Chapter 9, Subchapter N (relating to Texas Home Living (TxHmL) Program and Community First Choice (CFC));
    (H) 40 TAC Chapter 97, Subchapter H (relating to Standards Specific to Agencies Licensed to Provide Hospice Services);
    (I) 40 TAC Chapter 42, Subchapter D (relating to Additional Program Provider Provisions);
    (J) 1 TAC Chapter 353, Subchapter C (Member Bill of Rights); and
    (K) 40 TAC Chapter 45, Subchapter H (relating to Additional DSA Requirements).

Source Note: The provisions of this §711.11 adopted to be effective May 1, 2001, 26 TexReg 2755; amended to be effective March 1, 2008, 33 TexReg 1360; amended to be effective June 1, 2010, 35 TexReg 4180; amended to be effective June 1, 2014, 39 TexReg 3878; amended to be effective September 1, 2016, 41 TexReg 6218; amended to be effective November 5, 2017, 42 TexReg 6187; transferred effective June 15, 2019, as published in the Texas Register May 24, 2019, 44 TexReg 2617