Texas Administrative Code
Title 26 - HEALTH AND HUMAN SERVICES
Part 1 - HEALTH AND HUMAN SERVICES COMMISSION
Chapter 711 - INVESTIGATIONS OF INDIVIDUALS RECEIVING SERVICES FROM CERTAIN PROVIDERS
Subchapter A - INTRODUCTION
Section 711.13 - How is sexual abuse defined?
Universal Citation: 26 TX Admin Code ยง 711.13
Current through Reg. 49, No. 38; September 20, 2024
(a) In this chapter, when the alleged perpetrator is a direct provider, sexual abuse is defined as any sexual activity, including but not limited to:
(1)
kissing an individual receiving services with sexual intent;
(2) hugging an individual receiving services
with sexual intent;
(3) stroking an
individual receiving services with sexual intent;
(4) fondling an individual receiving services
with sexual intent;
(5) engaging in
with an individual receiving services:
(A)
sexual conduct as defined in the Texas Penal Code, §
43.01; or
(B) any activity that is obscene as defined
in the Texas Penal Code, §
43.21;
(6) requesting, soliciting, or
compelling an individual receiving services to engage in:
(A) sexual conduct as defined in the Texas
Penal Code, §
43.01; or
(B) any activity that is obscene as defined
in the Texas Penal Code, §
43.21;
(7) in the presence of an
individual receiving services:
(A) engaging
in or displaying any activity that is obscene, as defined in the Texas Penal
Code §
43.21; or
(B) requesting, soliciting, or compelling
another person to engage in any activity that is obscene, as defined in the
Texas Penal Code §
43.21;
(8) committing sexual
exploitation. Sexual exploitation is defined as:
(A) a pattern, practice, or scheme of conduct
against an individual receiving services, which may include sexual contact,
that can reasonably be construed as being for the purposes of sexual arousal or
gratification or sexual abuse of any person.
(B) The term does not include obtaining
information about a patient's sexual history within standard accepted clinical
practice.
(9) committing
sexual assault as defined in the Texas Penal Code §
22.011, against an
individual receiving services;
(10)
committing aggravated sexual assault as defined in the Texas Penal Code, §
22.021,
against an individual receiving services; and
(11) causing, permitting, encouraging,
engaging in, or allowing the photographing, filming, videotaping, or depicting
of an individual receiving services if the direct provider knew or should have
known that the resulting photograph, film, videotape, or depiction of the
individual receiving services is obscene as defined in the Texas Penal Code,
§
43.21, or is
pornographic.
(b) Notwithstanding any other provision in this section, consensual sexual activity between a direct provider and an adult receiving services is not considered sexual abuse if the consensual sexual relationship began prior to the direct provider becoming a direct provider.
Disclaimer: These regulations may not be the most recent version. Texas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
