SECTION 711.405. What action does the investigator take if the alleged perpetrator is a licensed professional?

(a) The investigator determines whether the allegation involves clinical practice by consultation with an appropriate professional, and in state hospitals, in accordance with 25 TAC §417.509 (relating to Peer Review).

(b) If the allegation is determined to involve clinical practice, the investigator refers the allegation to the service provider for peer or professional review. If the service provider does not have a peer or professional review process, the investigator refers the allegation to the service provider as well as the appropriate professional licensing board.

(c) If the allegation is determined to not involve clinical practice, the investigator investigates the allegation.

(d) If there are multiple allegations, the investigator refers any allegation involving clinical practice to the service provider for peer/professional review and investigates any allegation not involving clinical practice.

Source Note: The provisions of this §711.405 adopted to be effective September 1, 2016, 41 TexReg 6218; amended to be effective March 1, 2018, 43 TexReg 903; transferred effective June 15, 2019, as published in the Texas Register May 24, 2019, 44 TexReg 2617