| (a) By applying for and holding a license, a license
holder consents to entry or inspection of the center's premises by
a DADS representative to verify compliance with THSC Chapter 248A
and this chapter.
(b) A center must make all of its books, records, and
other documents maintained by or on behalf of a center accessible
to DADS upon request.
(1) DADS is authorized to photocopy documents, photograph
minors, and use any other available recording devices to preserve
all relevant evidence of conditions found during an inspection or
investigation that DADS reasonably believes threaten the health and
safety of a minor.
(2) DADS may request, photocopy, and otherwise reproduce
records and documents including admission sheets, medication records,
observation notes, medical records, clinical notes, and any other
of a center's documents.
(3) DADS protects the copies for privacy and confidentially
purposes in accordance with recognized standards of medical records
practice, applicable state laws, and DADS policy.
(c) During an inspection or investigation, a center's
representative and staff must not:
(1) make a false statement that a person knows or should
know is false of a material fact about a matter under investigation
by DADS;
(2) willfully interfere with the work of a DADS representative;
(3) willfully interfere with a DADS representative
in preserving evidence of a violation; or
(4) refuse to allow a DADS representative to inspect
a book, record, or file required to be maintained by or on behalf
of a center.
(d) DADS may assess an administrative penalty for a
violation of provisions in this section, or may take other enforcement
action to deny, revoke, or suspend a license, if a center does not
cooperate with an inspection.
|
| Source Note: The provisions of this §550.1303 adopted to be effective September 1, 2014, 39 TexReg 6569; transferred effective May 1, 2019, as published in the Texas Register April 12, 2019, 44 TexReg 1875 |
