SECTION 353.1409. Patient Safety, Rights, and Protections

(a) Each comprehensive provider agency and staff member must adhere to the following rules regarding patient safety, rights, and protections even if the comprehensive provider agency is not a type of entity specified in the rule:

(1) 25 TAC §404.154 (relating to Rights of All Persons Receiving Mental Health Services);

(2) 25 TAC §404.165 (relating to Staff Member Training in Rights of All Persons Receiving Mental Health Services);

(3) 25 TAC §412.312 (relating to Environment of Care and Safety);

(4) 25 TAC §412.313 (relating to Rights and Protection);

(5) 25 TAC §412.315 (relating to Medical Records System);

(6) 25 TAC Chapter 415 (relating to Provider Clinical Responsibilities--Mental Health Services), Subchapter F (relating to Interventions in Mental Health Services); and

(7) 40 TAC §711.201 (relating to What is Your Duty to Report If You Are a Direct Provider or Service Provider?).

(b) A comprehensive provider agency must ensure effective communication with each individual and LAR, if applicable, in an understandable format as appropriate to meet the needs of each individual, which may require the use of:

(1) interpretative services;

(2) translated materials; or

(3) staff who can effectively respond to the cultural and language needs of an individual and LAR, if applicable.

(c) A comprehensive provider agency must obtain a criminal history background check on each staff member and applicant to whom an offer of employment is made if the responsibilities of the position include personal contact with an individual receiving services, in order to ensure that individuals do not come in contact with, and are not provided services by, a staff member who has a conviction for any of the criminal offenses listed in Texas Health and Safety Code §250.006, or for any criminal offense that the comprehensive provider agency has determined to be a contraindication to employment.

Source Note: The provisions of this §353.1409 adopted to be effective October 17, 2018, 43 TexReg 6816