26 Tex. Admin. Code § 509.81 - Integrity of Inspections and Investigations
(a) In order to preserve the integrity of the
Texas Health and Human Services Commission's (HHSC's) inspection and
investigation process, a facility:
(1) shall
not record, listen to, or eavesdrop on any HHSC interview with facility staff
or patients that the facility staff knows HHSC intends to keep confidential as
evidenced by HHSC taking reasonable measures to prevent from being overheard;
or
(2) shall not record, listen to,
or eavesdrop on any HHSC internal discussions outside the presence of facility
staff when HHSC has requested a private room or office or distanced themselves
from facility staff and the facility obtains HHSC' written approval before
beginning to record or listen to the discussion.
(b) A facility shall inform HHSC when
security cameras or other existing recording devices in the facility are in
operation during any internal discussion by or among HHSC staff.
(c) When HHSC by words or actions permits
facility staff to be present, an interview or conversation for which facility
staff are present does not constitute a violation of this rule.
(d) This section does not prohibit an
individual from recording an HHSC interview with the individual.
Notes
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