26 Tex. Admin. Code § 926.157 - Reporting Responsibilities of All TDMHMR Employees, Agents, and Contractors: Reports to Texas Department of Protective and Regulatory Services (TDPRS)
(a) Reporting suspected abuse, neglect, or
exploitation.
(1) Each
employee/agent/contractor who suspects or has knowledge that a person served is
being abused, neglected, or exploited shall make a verbal report to TDPRS
immediately, if possible, but in no case more than one hour after suspicion or
after learning of the incident, by calling 1-800-647-7418.
(2) Each employee/agent/contractor who
suspects or has knowledge that a person served has been abused, neglected, or
exploited, including prior to admission, during an absence, or while in
residence at the facility, shall make a verbal report to TDPRS immediately, if
possible, but in no case more than one hour after suspicion or after learning
of the incident, by calling 1-800-647-7418.
(3) If the person making the allegation is
not an employee/agent/contractor (e.g., a person served, a guest), staff shall
assist the person in making the report, if necessary.
(b) Any pregnancy of a person served,
provided there is medical verification that there is reasonable expectation
that conception could have occurred while the person was a resident of the
facility or contractor, or any diagnosis of a sexually transmitted disease in a
person served which could have occurred while the person was a resident of the
facility or contractor, shall be reported in accordance with this subchapter as
possible abuse or neglect.
(c) If
an aggressive action by a person served, including non-consensual sexual
activity between persons served, occurs as a result of possible neglect, then
the action is reported as neglect in accordance with this subchapter.
(d) Failure to make reports as required by
this section within the allotted time period without sufficient justification
is considered a violation of this section and makes the employee/agent subject
to disciplinary action and possible criminal prosecution. An employee/agent
found to have made a false statement of fact during an investigation is also
subject to disciplinary action.
(e)
In addition to reporting to TDPRS, employees shall take appropriate steps to
secure evidence related to an allegation, if any, consistent with "Guidelines
for Securing Evidence," referenced as Exhibit B in §
417.516 of this title (relating to
Exhibits).
Notes
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