SECTION 711.1408. What is reportable conduct?

(a) Reportable conduct is defined in §48.401, Human Resources Code, as:

(1) abuse or neglect that causes or may cause death or harm to an individual receiving agency services;

(2) sexual abuse of an individual receiving agency services;

(3) financial exploitation of an individual receiving agency services in an amount of $25 or more; and

(4) emotional, verbal, or psychological abuse that causes harm to an individual receiving agency services.

(b) For purposes of subsection (a) of this section, the terms abuse, neglect, sexual abuse, and financial exploitation have the meanings provided in Title 40, Texas Administrative Code, Chapter 705, Subchapter A (relating to Definitions) or subchapter A of this chapter (relating to Introduction) and incorporated by reference in §711.1404 of this subchapter (relating to How are the terms physical abuse, sexual abuse, verbal or emotional abuse, neglect, exploitation, and financial exploitation defined for the purpose of this subchapter?).

(c) For purposes of subsection (a)(1) of this section the term harm means:

(1) a significant injury or risk of significant injury, including a fracture, dislocation of any joint, internal injury, a contusion larger than 2 and 1/2 inches, concussion, second or third-degree burn, or any laceration requiring sutures;

(2) an adverse health effect that results or is at risk of resulting from failure to receive medications in the amounts or at the times prescribed; or

(3) any other harm or risk of harm that warranted, or would reasonably be expected to have warranted, medical treatment or hospitalization.

(d) For purposes of subsection (a)(4) of this section, the term harm means substantial harm as evidenced by observable signs of substantial physical or emotional distress or as diagnosed by an appropriate medical professional.

Source Note: The provisions of this §711.1408 adopted to be effective July 5, 2020, 45 TexReg 4525