SECTION 448.217. Specific Acts Prohibited

In addition to the provider's general duty to provide services in a professional manner, the following acts are specifically prohibited and shall constitute a violation of these rules:

(1) Providers shall not provide services, interact with individuals receiving services, or perform any job duties while under the influence or impaired by the use of alcohol, or mood altering substances, including prescription medications not used in accordance with a physician's order.

(2) Providers shall not commit an illegal, unprofessional or unethical act (including acts constituting abuse, neglect, or exploitation).

(3) Providers shall not assist or knowingly allow another person to commit an illegal, unprofessional, or unethical act.

(4) Providers shall not falsify, alter, destroy or omit significant information from required reports and records or interfere with their preservation.

(5) Providers shall not retaliate against anyone who reports a violation of these rules or cooperates during a review, inspection, investigation, hearing, or other related activity.

(6) Providers shall not interfere with Commission reviews, inspections, investigations, hearings, or related activities. This includes taking action to discourage or prevent someone else from cooperating with the activity.

(7) Providers shall not enter into a personal or business relationship of any type with an individual receiving services until at least two years after the last date an individual receives services from the provider.

(8) Providers shall not discourage, intimidate, harass, or retaliate against individuals who try to exercise their rights or file a grievance.

(9) Providers shall not restrict, discourage, or interfere with any communication with law enforcement, an attorney, or with the Commission for the purposes of filing a grievance.

(10) Providers shall not allow unqualified persons or entities to provide services.

(11) Provider shall not hire or utilize known sex offenders in adolescent programs or programs that house children.

(12) Providers shall prohibit adolescent clients and participants from using tobacco products on the program site. Staff and other adults (volunteers, clients, participants and visitors) shall not use tobacco products in the presence of adolescent clients or participants.

Source Note: The provisions of this §448.217 adopted to be effective September 1, 2004, 29 TexReg 2020; transferred effective September 1, 2004, as published in the Texas Register September 10, 2004, 29 TexReg 8842