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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 1DEPARTMENT OF AGING AND DISABILITY SERVICES
CHAPTER 90INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONS
SUBCHAPTER GABUSE, NEGLECT, AND EXPLOITATION; COMPLAINT AND INCIDENT REPORTS AND INVESTIGATIONS
RULE §90.213Reporting Incidents to DADS

(a) In this section, serious physical injury is defined as in Chapter 711 of this title (relating to Investigations in DADS Mental Retardation and DSHS Mental Health Facilities and Related Programs).

(b) A facility must report any of the following incidents to DADS' Consumer Rights and Services Section at 1-800-458-9858 or 512-438-2633 within one hour after suspecting or learning of the incident:

  (1) alleged (Class I) physical abuse of a resident, as defined in Chapter 711 of this title, that caused or may have caused serious physical injury;

  (2) alleged (Class I) sexual abuse of a resident, as defined in Chapter 711 of this title;

  (3) sexual activity between residents resulting from coercion, physical force, or taking advantage of the disability of a resident;

  (4) sexual activity involving a resident less than 18 years of age;

  (5) the pregnancy of a resident;

  (6) resident-to-resident aggression that results in serious physical injury;

  (7) the death of a resident; and

  (8) a resident whose location has been unknown by the facility for more than eight hours or less than eight hours if there are circumstances that place the resident's health or safety at risk.

(c) Within five working days after making a report described in subsection (b) of this section, the facility must ensure an investigation of the incident is conducted and send a written investigation report on Form 3613A, Provider Investigation Report, to DADS' Consumer Rights and Services Section.


Source Note: The provisions of this §90.213 adopted to be effective June 1, 2010, 35 TexReg 4469

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