Current through Reg. 49, No. 38; September 20, 2024
(a) Promulgate and implement policies and
procedures. Each local authority and community center shall promulgate and
implement policies and procedures that meet the requirements of this
section.
(b) Prohibition of abuse,
neglect, and exploitation. Each local authority, community center, and
contractor shall ensure that its employees and agents are informed of the
prohibition of abuse, neglect, and exploitation of persons served.
(c) Identifying programs and investigatory
agencies.
(1) Each local authority, community
center, and contractor shall ensure that the name and phone number of the
investigatory agency are clearly identified and displayed for its employees and
agents at each of its program and service delivery sites.
(2) Each local authority and community center
shall provide to each investigatory agency a list of the names and addresses of
its contracted and non-contracted program and service delivery sites in the
investigatory agency's purview, including the name of the staff who will serve
as contact for investigators, as required in subsection (g)(1) of this
section.
(d) Reporting
abuse, neglect, and exploitation and securing evidence.
(1) Each local authority, community center,
and contractor shall require its employees and agents who suspect or have
knowledge of abuse, neglect, or exploitation of a person served to:
(A) make a verbal report to the investigatory
agency immediately, but in no case more than one hour after suspicion or
knowledge of the abuse, neglect, or exploitation, in compliance with existing
state laws, rules, memorandums of understanding, and this subchapter;
(B) as needed, assist any individual in
making a report when the individual alleging abuse, neglect, or exploitation is
not an employee or agent, (e.g., a person served, a guest); and
(C) secure evidence related to the allegation
in accordance with "Guidelines for Securing Evidence" referenced as Exhibit B
in §
414.562 of
this title (relating to Exhibits).
(2) Failure to make reports of abuse,
neglect, or exploitation immediately without sufficient justification is
considered a violation of this section and makes the employee or agent subject
to disciplinary or other appropriate action and possible criminal
prosecution.
(3) In addition to the
reporting requirement described in paragraph (1)(A) of this subsection, reports
regarding alleged sexual exploitation committed by a mental health services
provider are made to the prosecuting attorney in the county in which the
alleged sexual exploitation occurred and any state licensing board that has
responsibility for the mental health services provider's licensing in
accordance with the Texas Civil Practice and Remedies Code, §
81.006. A copy of
the Texas Civil Practice and Remedies Code, §
81.006, and §
81.001, which
includes the definitions of "sexual exploitation" and "mental health services
provider," is referenced as Exhibit C in §
414.562 of
this title (relating to Exhibits).
(e) Notifying contractor CEO. If the
administrator is notified of an allegation involving a contractor, then the
administrator must immediately notify the contractor CEO of the allegation
unless the contractor CEO is the alleged perpetrator. If the contractor CEO is
the alleged perpetrator, then the administrator shall ensure the activities
described in subsections (f), (h), and (i) are accomplished.
(f) Safeguarding the alleged victim.
Immediately upon notification of an allegation by the investigatory agency the
administrator or contractor CEO shall ensure necessary measures are taken to
secure the safety of the alleged victim(s) involved in the allegation,
including:
(1) ensuring immediate and
on-going medical and psychological attention is provided to the alleged
victim(s), as necessary; and
(2)
separating the alleged victim(s) from the alleged perpetrator(s) until an
investigation has been completed.
(g) Prohibiting retaliatory action. Any
employee or agent, or any individual affiliated with an employee or agent is
prohibited from engaging in retaliatory action against an employee, agent, or
person served who in good faith reports an allegation. Any employee or agent
found to have engaged in retaliatory action is subject to disciplinary or other
appropriate action.
(1) Any employee or agent
who believes he or she is being subjected to retaliatory action upon making a
report of abuse, neglect, or exploitation, or who believes an allegation has
been ignored without cause, should immediately contact the administrator or
contractor CEO and may also contact the Office of Consumer Services and Rights
Protection - Ombudsman at TDMHMR's Central Office, at the toll free number
1-800-252-8154.
(2) Retaliatory
action against a person served which might be considered abuse, neglect, or
exploitation must be reported in accordance with this section.
(h) Facilitating investigations.
(1) Administrators and contractor CEOs shall
ensure the designation of a contact staff at each program and service delivery
site who will be responsible for coordinating with the investigator to ensure
the availability of and access to private interview space, private telephones,
and employees, agents, and persons served.
(2) Administrators and contractor CEOs shall
require employees and agents to cooperate with investigators so that
investigators are afforded immediate access to persons served, employees,
agents, records of persons served, and other documents requested by the
investigator.
(3) Falsification of
fact during an investigation is considered a violation of this section and
makes the employee or agent subject to disciplinary or other appropriate action
and possible criminal prosecution.
(i) Referring allegations involving clinical
practice. If the investigator refers to the administrator or contractor CEO an
allegation involving the clinical practice of a licensed professional, then the
administrator or contractor CEO shall refer the allegation for professional
review or, if the local authority, community center, or contractor does not
have a professional review process, the administrator or contractor CEO shall
refer the allegation to the appropriate licensing authority. The administrator
or contractor CEO shall ensure relevant conclusions of a professional review
are submitted to the appropriate licensing authority.
(j) Facilitating resolution of other issues.
(1) Administrators and contractor CEOs shall
ensure that general complaints and administrative issues that are referred to
them by an investigator are reviewed and resolved in a timely manner.
(2) Local authorities, community centers, and
contractors shall afford TDMHMR immediate access to persons served, employees,
agents, records of persons served, and other documents when TDMHMR responds to
a complaint that the health, welfare, or safety of a person served may be
jeopardized.
