In this subchapter:
(1) “Agency” means:
(A) an entity licensed under Chapter 142, Health and Safety Code;
(B) a person exempt from licensing under § 142.003(a)(19) or (20), Health and Safety Code;
(C) a facility licensed under Chapter 252, Health and Safety Code; or
(D) a provider investigated by the department under Subchapter F or under § 261.404, Family Code.
(2) “Commissioner” means the commissioner of the Department of Family and Protective Services.

Text of subdivision effective until April 01, 2025

(3) “Employee” means a person who:
(A) works for:
(i) an agency; or
(ii) an individual employer participating in the consumer-directed service option, as defined by § 531.051, Government Code;
(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 § 261.404, Family Code, or an individual receiving services through the consumer-directed service option, as defined by § 531.051, Government Code; 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 § 531.051, Government Code.

Text of subdivision effective on April 01, 2025

(3) “Employee” means a person who:
(A) works for:
(i) an agency; or
(ii) an individual employer participating in the consumer-directed service option, as defined by § 546.0101, Government Code;
(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 § 261.404, Family Code, or an individual receiving services through the consumer-directed service option, as defined by § 546.0101, Government Code; 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 § 546.0101, Government Code.
(4) “Employee misconduct registry” means the employee misconduct registry established under Chapter 253, Health and Safety Code.
(5) “Reportable conduct” includes:
(A) abuse or neglect that causes or may cause death or harm to an individual receiving agency services;
(B) sexual abuse of an individual receiving agency services;
(C) financial exploitation of an individual receiving agency services in an amount of $25 or more; and
(D) emotional, verbal, or psychological abuse that causes harm to an individual receiving agency services.