26 Tex. Admin. Code § 711.405 - What action does the investigator take if the alleged perpetrator is a licensed professional?

(a) The investigator determines whether the allegation involves clinical practice by consultation with an appropriate professional, and in state hospitals, in accordance with 25 TAC § 417.509(relating to Peer Review).

(b) If the allegation is determined to involve clinical practice, the investigator refers the allegation to the service provider for peer or professional review. If the service provider does not have a peer or professional review process, the investigator refers the allegation to the service provider as well as the appropriate professional licensing board.

(c) If the allegation is determined to not involve clinical practice, the investigator investigates the allegation.

(d) If there are multiple allegations, the investigator refers any allegation involving clinical practice to the service provider for peer/professional review and investigates any allegation not involving clinical practice.

Notes

26 Tex. Admin. Code § 711.405

The provisions of this §711.405 adopted to be effective May 1, 2001, 26 TexReg 2755; amended to be effective March 1, 2008, 33 TexReg 1360; amended to be effective June 1, 2010, 35 TexReg 4180; amended to be effective September 1, 2012, 37 TexReg 6322; amended to be effective June 1, 2014, 39 TexReg 3879; Adopted by Texas Register, Volume 41, Number 34, August 19, 2016, TexReg 6223, eff. 9/1/2016; Amended by Texas Register, Volume 43, Number 07, February 16, 2018, TexReg 0906, eff. 3/1/2018; transferred from 40 Tex. Admin. Code § 711.405 by Texas Register, Volume 44, Number 21, May 24, 2019, TexReg 2617, eff. 6/15/2019