Texas Administrative Code
Title 26 - HEALTH AND HUMAN SERVICES
Part 1 - HEALTH AND HUMAN SERVICES COMMISSION
Chapter 307 - BEHAVIORAL HEALTH PROGRAM
Subchapter C - JAIL-BASED COMPETENCY RESTORATION PROGRAM
Section 307.105 - Definitions

(1) Business day--Any day except a Saturday, Sunday, or legal holiday listed in Texas Government Code § 662.021.

(2) CFR--Code of Federal Regulations.

(3) Competency restoration--The treatment or education process for restoring an individual's ability to consult with the individual's attorney with a reasonable degree of rational understanding, including a rational and factual understanding of the court proceedings and charges against the individual as defined in Texas Code of Criminal Procedure Article 46B.001.

(4) Competency restoration training module--An HHSC-approved training module used by program staff members to provide legal education to an individual receiving competency restoration services.

(5) COPSD--Co-occurring psychiatric and substance use disorder.

(6) Court--A court of law presided over by a judge, judges, or a magistrate in civil and criminal cases.

(7) Day--A calendar day, unless otherwise specified.

(8) Extension--As described in Texas Code of Criminal Procedure Article 46B.080(d), an extension begins on the later of:

(9) Good standing--Entities eligible to contract with HHSC pursuant to HHSC procurement and contract rules and guidelines.

(10) HHSC--Texas Health and Human Services Commission or its designee.

(11) ID--Intellectual disability. Consistent with Texas Health and Safety Code § 591.003, significantly sub-average general intellectual functioning existing concurrently with deficits in adaptive behavior as defined in § 304.102 of this title (relating to Definitions) and originating before age 18.

(12) Individual--A person receiving services under this subchapter.

(13) Inpatient mental health facility--The term has the meaning assigned in Texas Health and Safety Code § 571.003.

(14) IST--Incompetent to stand trial. The term has the meaning described in Texas Code of Criminal Procedure Article 46B.003.

(15) JBCR--Jail-based competency restoration. Competency restoration services in a county jail setting provided in a designated space separate from the space used for the general population of the county jail.

(16) JBCR program--A jail-based competency restoration program developed and implemented by a county or counties in accordance with the Texas Code of Criminal Procedure Article 46B.091.

(17) LBHA--Local behavioral health authority. An entity designated as the local behavioral health authority by HHSC in accordance with Texas Health and Safety Code § 533.0356.

(18) Legally authorized representative--A person authorized by state law to act on behalf of an individual with regard to a matter described in this subchapter.

(19) LIDDA--Local intellectual and developmental disability authority. An entity designated as the local intellectual and developmental disability authority by HHSC in accordance with Texas Health and Safety Code § 533A.035(a).

(20) LMHA--Local mental health authority. An entity designated as the local mental health authority by HHSC in accordance with Texas Health and Safety Code § 533.035(a).

(21) LPHA--Licensed practitioner of the healing arts. A person who is:

(22) Mental illness--An illness, disease, or condition as defined by Texas Health and Safety Code § 571.003.

(23) Non-clinical services--Services that support an individual's care but do not provide direct diagnosis, treatment, or care for the individual.

(24) OCR--Outpatient competency restoration. As defined in Chapter 307, Subchapter D of this title (relating to Outpatient Competency Restoration), a community-based program with the specific objective of attaining restoration to competency pursuant to Texas Code of Criminal Procedure Chapter 46B.

(25) Program staff member--An employee or person with whom the program contracts or subcontracts for the provision of JBCR. A program staff member includes specially trained security officers, all licensed and credentialed staff, and other people directly contracted or subcontracted to provide JBCR to an individual.

(26) QIDP--Qualified intellectual disability professional as defined in 42 CFR § 483.430(a).

(27) QMHP-CS--Qualified mental health professional-community services as defined in Chapter 301, Subchapter G of this title (relating to Mental Health Community Services Standards).

(28) Residential care facility--A state supported living center or the Intermediate Care Facilities for Individuals with an Intellectual Disability (ICF-IID) component of the Rio Grande State Center.

(29) Safety plan--An individualized written plan to prevent or manage crises.

(30) Serious injury--An injury determined by a physician to require medical treatment by a licensed medical professional (e.g., physician, dentist, physician's assistant, or advance practice nurse) or requires medical treatment in an emergency department or licensed hospital.

(31) Significantly sub-average general intellectual functioning--Consistent with Texas Health and Safety Code § 591.003, measured intelligence on standardized general intelligence tests of two or more standard deviations (not including standard error of measurement adjustments) below the age-group mean for the test used.

(32) SUD--Substance use disorder. The use of one or more substances, including alcohol, which significantly and negatively impacts one or more major areas of life functioning, and which meets the criteria for substance use disorder as described in the HHSC-recognized edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association.

(33) TAC--Texas Administrative Code.

(34) Treatment team--A group of treatment providers, including a psychiatrist and LPHA; the individual; and the individual's legally authorized representative, if any, who work together in a coordinated manner to provide competency restoration services to the individual.