[REPLACEMENT] — substantive operational sections of 26 TAC Ch. 564 superseded by and consolidated into 40 TAC Chs. 141, 142, 144, 147, 148, 150, and 153
• The entire chapter has moved from Title 26 to Title 40 of the Texas Administrative Code. Your facility's policies, procedures, and compliance references must be updated to cite the new Title 40 chapters — citing 26 TAC Ch. 564 is no longer correct.
• The new version opens with a formal Definitions section (§564.1) that did not exist before. Key terms now have precise regulatory definitions — including "Abuse," "Adolescent," "Adult," "Assessment," and others — which your staff training materials, incident reporting forms, and clinical documentation must align with. Notably, "Abuse" is now explicitly defined with a detailed list of prohibited acts (e.g., sexual activity, corporal punishment, nutritional/sleep deprivation, improper restraint, coercive responses to discharge requests).
• The substantive conduct standards that previously lived in §§564.4–564.20 (general standards, scope of practice, discrimination, documentation, prohibited acts, etc.) have been redistributed across multiple new chapters in Title 40. Compliance staff must locate and review each corresponding new chapter to confirm that all prior obligations are still being met under the new structure.
• The definition of "Abuse" now explicitly cross-references Texas Family Code §261.001 and Texas Human Resources Code §48.002, meaning your abuse reporting obligations are formally tied to those statutes — staff must be trained on those statutory definitions as part of abuse recognition and mandatory reporting protocols.
• Practical action required: Audit all internal policies, staff handbooks, training curricula, and compliance checklists to replace 26 TAC Ch. 564 citations with the correct 40 TAC chapter references, and incorporate the new formal definitions into relevant documentation and training materials.