26 TAC § 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) 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).