Section 711.11 - How is physical abuse defined?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) 26 TAC Chapter 558, 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 (relating to Member Bill of Rights); and(K) 40 TAC Chapter 45, Subchapter H (relating to Additional DSA Requirements).26 Tex. Admin. Code § 711.11
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 3879; Amended by Texas Register, Volume 41, Number 34, August 19, 2016, TexReg 6220, eff. 9/1/2016; Amended by Texas Register, Volume 42, Number 44, November 3, 2017, TexReg 6188, eff. 11/5/2017; transferred from Tex. Admin. Code § 711.11 by Texas Register, Volume 44, Number 21, May 24, 2019, TexReg 2617, eff. 6/15/2019