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TITLE 26HEALTH AND HUMAN SERVICES
PART 1HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 551INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONS
SUBCHAPTER GABUSE, NEGLECT, AND EXPLOITATION; COMPLAINT AND INCIDENT REPORTS AND INVESTIGATIONS
RULE §551.215Employee Statement

(a) A facility must require an employee of the facility to sign a statement:

  (1) acknowledging that the employee may be criminally liable for failure to report suspected abuse, neglect, or exploitation; and

  (2) acknowledging the employee's rights under Texas Health and Safety Code §252.132, which states that an employee has a cause of action against a facility, the owner of a facility, or another employee of a facility that suspends or terminates the employment of the employee or otherwise disciplines, discriminates against, or retaliates against the employee for:

    (A) reporting to the employee's supervisor, an administrator of the facility, a state regulatory agency, or a law enforcement agency, a violation of law, including a violation of Texas Health and Safety Code, Chapter 252, or a rule adopted under that chapter; or

    (B) initiating or cooperating in any investigation or proceeding of a governmental entity relating to the care, services, or conditions at the facility.

(b) The facility must maintain as a part of its personnel records and make available to DADS upon request the statement described in subsection (a) of this section.


Source Note: The provisions of this §551.215 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

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