The following words and terms when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:
  (1) Administrative law judge--An attorney who serves as a hearings examiner and conducts an EMR hearing.
  (2) Agency--An entity, person, facility, or provider, as defined in §711.1406 of this subchapter (relating to How is the term agency defined for the purpose of this subchapter?).
  (3) APS--The Adult Protective Services division within the Department of Family and Protective Services, which is authorized to conduct investigations of alleged abuse, neglect, or exploitation of certain adults under Chapter 48, Human Resources Code, and certain children under §261.404, Family Code.
  (4) Designated perpetrator--A person determined by Provider Investigations (PI) to have committed abuse, neglect, or exploitation who may be eligible for inclusion on the Employee Misconduct Registry, when the abuse, neglect or exploitation meets the definition of reportable conduct.
  (5) DFPS--The Department of Family and Protective Services.
  (6) Employee--A person who:
    (A) works for:
      (i) an agency, whether as an employee contractor, volunteer or agent; or
      (ii) an individual employer participating in the consumer-directed service option, as defined by Government Code §531.051;
    (B) provides personal care services, active treatment, or any other services to an individual receiving agency services, an individual who is a child for whom an investigation is authorized under Family Code §261.404, or an individual receiving services through the consumer-directed service option, as defined by Government Code §531.051; and
    (C) is not licensed by the state to perform the services the person performs for the agency or the individual employer participating in the consumer-directed service option, as defined by Government Code §531.051.
  (7) EMR--The Employee Misconduct Registry.
  (8) EMR hearing--An administrative hearing offered to a person who has been found to have committed reportable conduct for the purpose of appealing the finding of reportable conduct as well as the underlying finding of abuse, neglect, or exploitation.
  (9) Executive Commissioner--The executive commissioner of HHSC or the executive commissioner's designee.
  (10) HHSC--The Texas Health and Human Services Commission.
  (11) Individual receiving services: an individual receiving services as provided in §711.3 of this chapter (relating to How are the terms in this chapter defined?).
  (12) In-home investigation--An investigation conducted by DFPS Adult Protective Services (APS) under Title 40, Texas Administrative Code, Chapter 705 (relating to Adult Protective Services).
  (13) Provider investigation--An investigation conducted by HHSC Provider Investigations under Chapter 48, Subchapter F, Human Resources Code, or §261.404, Texas Family Code, as applicable.
  (14) PI--The Provider Investigations program within the Regulatory Services Division of HHSC, which is authorized to conduct investigations of alleged abuse, neglect, or exploitation of certain adults under Chapter 48, Human Resources Code, and certain children under §261.404, Family Code.
  (15) Reportable conduct--A confirmed or validated finding of abuse, neglect or exploitation that meets the definition in §48.401(5), Human Resources Code, and as further defined in §711.1408 of this subchapter (relating to What is reportable conduct?).

Source Note: The provisions of this §711.1402 adopted to be effective July 5, 2020, 45 TexReg 4525