SECTION 404.164. Rights Protection Officer at Department Facilities and Community Centers

(a) The head of each department facility and each community center shall appoint a rights protection officer for the facility or center. The rights protection officer must be able to perform the duties of this office without any conflicts of interest.

(b) The name, telephone number, and mailing address of the rights protection officer must be prominently posted in every program or residential area frequented by service recipients, including community outreach or contract programs. Individuals desiring to contact the rights protection officer must be allowed access to facility or center telephones to do so.

(c) Duties required of the rights protection officer are specified at the discretion of the head of the facility or center, but must include the following:

(1) receiving complaints/allegations of violations of rights, allegations of inadequate provision of services, and requests for advocacy from service recipients, their families, their friends, service providers, other facility or center personnel, other agencies, the general public, and the Office of Consumer Services and Rights Protection;

(2) thoroughly investigating each such complaint received;

(3) representing the expressed desires of the individuals served and advocating for the resolution of their grievances;

(4) reporting the results of investigations and advocacy to service recipients and the complainants, consistent with the protection of the service recipients' right to have any identifying information remain confidential;

(5) ensuring that the rights of individuals receiving services have been thoroughly explained to facility and center personnel through periodic training. The rights protection officer may provide the training directly or by consulting with facility or center training personnel; and

(6) reviewing all policies, procedures, behavior therapy programs, and rules which affect the rights of persons receiving services.

Source Note: The provisions of this §404.164 adopted to be effective December 10, 1993, 18 TexReg 8790