SECTION 551.214. Protection of Residents After Report of Abuse, Neglect, and Exploitation

(a) A facility must ensure that physical and emotional care is provided to an alleged victim of abuse, neglect, or exploitation immediately but in no case more than one hour after the facility makes or learns of an allegation of abuse, neglect, or exploitation, and must ensure that such care is continued as needed.

(b) The facility must take measures to protect the rights and safety of the alleged victim and other residents of the facility after the facility makes or learns of an allegation of abuse, neglect, or exploitation, including immediately preventing the alleged perpetrator from having contact with residents.

(c) If the alleged perpetrator is not an employee of the facility and the alleged abuse, neglect, or exploitation occurred away from the facility premises, the facility must convene the interdisciplinary team (IDT) of the alleged victim to address the alleged perpetrator's access to the alleged victim while an investigation is being conducted. If the IDT recommends that a restriction be placed on an alleged perpetrator's access to the alleged victim, the facility's specially constituted committee must review and approve the restriction before it is implemented, and the facility must document the restriction in the alleged victim's record.

(d) Within 24 hours of making or learning of an allegation of abuse, neglect, or exploitation, the facility must notify the alleged victim and the victim's legally authorized representative (LAR) that an allegation of abuse, neglect, or exploitation involving the victim has been made and reported. If the facility cannot notify the LAR in person or by phone, the facility must notify the LAR by certified mail with a return receipt requested.

(e) If the Texas Health and Human Services Commission confirms an allegation of abuse, neglect, or exploitation against an employee of a facility, the facility must take prompt and appropriate disciplinary action against the employee.

Source Note: The provisions of this §551.214 adopted to be effective June 1, 2010, 35 TexReg 4469; transferred effective May 1, 2019, as published in the Texas Register April 12, 2019, 44 TexReg 1883; amended to be effective February 24, 2022, 47 TexReg 787; amended to be effective October 11, 2022, 47 TexReg 6588