1. (a) The following words and terms, when used in this chapter, shall have the following meanings:

   1. (1) Catastrophic injury--As used in Tex. Code Crim. Proc. Art. 56.42(b), injury to a victim is catastrophic if the injury results in total and permanent disability. The extent of personal injury will be determined from supporting documentation from a physician specializing in the specific area of disability. Catastrophic injury must meet both of the following criteria:

      1. (A) The total and permanent disability is such that the victim will not likely improve throughout his or her lifetime. This means that the victim's work capacity is so limited that he or she is left with a substantial disadvantage in the competitive labor market.
      2. (B) The degree of pecuniary loss as a result of the crime is such that the victim incurs exorbitant pecuniary losses exceeding the amount compensable for non-catastrophic injury.
   2. (2) Chief--The administrative head of Crime Victims Compensation (CVC) Division of the OAG.
   3. (3) Interested person--As used in Tex. Code Crim. Proc. Art. 56.40(c), the term does not include the accused criminal offender or non-claimant creditors.
   4. (4) Law enforcement agency--As used in Tex. Code Crim. Proc. Chapter 56, the term means a governmental organization that employs commissioned peace officers as defined by Tex. Code Crim. Proc. Art. 2.12.
   5. (5) Medical--As used in Tex. Code Crim. Proc. Art. 56.32(a)(9)(A), the term includes the costs of medical treatment, costs of counseling, the one time only repair or replacement of medical or dental devices in use by the victim prior to the crime if damaged or stolen as a result of the criminally injurious conduct, or any other medical cost deemed appropriate by the OAG.
   6. (6) Medically indicated services--As used in Tex. Code of Crim. Proc. Art. 56.32(a)(9)(B)(ii), the term means medical treatment, dental treatment, and mental health counseling ordered and provided by a licensed health care provider.
   7. (7) Physical therapy--As used in Tex. Code Crim. Proc. Art. 56.32(a)(9)(A), the term refers to treatment prescribed by a Medical Doctor, (M.D.), Doctor of Osteopathy, (D.O.), or Chiropractic Doctor, (D.C.), conducted under the direct supervision of the M.D., D.O., D.C., or physical therapist, and means health care that prevents, identifies, corrects, and alleviates acute or prolonged movement dysfunction or pain of anatomical or physiological origin. Physical therapy includes the testing and measurement of the function of the musculoskeletal, neurological, pulmonary, and cardiovascular systems and rehabilitative treatment concerned with the restoration of function and prevention of disability caused by injury from criminally injurious conduct. Physical therapy also includes treatment, consultive, educational, and advisory services for the purpose of reducing the incidence and severity of disability and pain to enable, train, or retrain an individual to perform the independent skills and activities of the victim's daily living at the same level as immediately before the criminally injurious conduct. Physical therapy does not include a membership in a health club or gym facility, or for the purchase of fitness, exercise, gym, aquatic, or other items for use in the victim's or claimant's home.
   8. (8) Psychiatric care or counseling--As used in Tex. Code Crim. Proc. Art. 56.32(a)(9)(A), the term means only psychiatric care or counseling performed by psychiatrists (M.D. or D.O.), psychologists (Ph.D.), clinical nurse specialists (C.N.S. in psychiatric care), licensed professional counselors (L.P.C.), licensed marriage and family therapists (L.M.F.T.) and licensed masters in social work-advanced clinical practitioners (L.M.S.W.-A.C.P.). Psychiatric care or counseling does not include art therapy, music therapy, or equestrian therapy. Any other non-traditional psychiatric care or counseling must be pre-approved by the OAG to be eligible for reimbursement.
   9. (9) Report from law enforcement agency--As used in Tex. Code Crim. Proc. Art. 56.38(d), the term "reports" includes both written and oral reports from a law enforcement agency as deemed appropriate by the OAG.
   10. (10) Resident--As used in Tex. Code Crim. Proc. Art. 56.32(a)(11)(A)(ii), the term means a person who has a domicile in Texas or who lives for more than a temporary period in Texas, another state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a possession or territory of the United States.
2. (b) The definitions in this section will be given their most reasonable meaning unless the context clearly indicates otherwise.

Source Note:The provisions of this §61.101 adopted to be effective December 15, 2002, 27 TexReg 11513.