| (E) for an employee or contractor who is exempt from
the required vaccines, include procedures the employee or contractor
must follow to protect residents from exposure to disease, such as
the use of protective equipment, such as gloves and masks, based on
the level of risk the employee or contractor presents to residents
by the employee's or contractor's routine and direct exposure to residents;
(F) prohibit discrimination or retaliatory action
against an employee or contractor who is exempt from the required
vaccines for the medical conditions identified as contraindications
or precautions by the Centers for Disease Control and Prevention,
except that required use of protective medical equipment, such as
gloves and masks, may not be considered retaliatory action;
(G) require the facility to maintain a written or electronic
record of each employee's or contractor's compliance with or exemption
from the policy;
(H) include disciplinary actions the facility may take
against an employee or contractor who fails to comply with the policy.
(3) The policy may:
(A) include procedures for an employee or contractor
to be exempt from the required vaccines based on reasons of conscience,
including religious beliefs; and
(B) prohibit an employee or contractor who is exempt
from the required vaccines from having contact with residents during
a public health disaster, as defined in Texas Health and Safety Code,
§81.003 (relating to Communicable Diseases).
(s) A DADS employee must not retaliate against an assisted
living facility, an employee of an assisted living facility, or a
person in control of an assisted living facility for:
(1) complaining about the conduct of a DADS employee;
(2) disagreeing with a DADS employee about the existence
of a violation of this chapter or a rule adopted under this chapter;
or
(3) asserting a right under state or federal law.
|
| Source Note: The provisions of this §553.41 adopted to be effective August 1, 2000, 25 TexReg 6361; amended to be effective May 1, 2001, 26 TexReg 2047; amended to be effective September 1, 2002, 27 TexReg 6329 ; amended to be effective September 1, 2003, 28 TexReg 3830; amended to be effective August 1, 2004, 29 TexReg 6354; amended to be effective June 1, 2006, 31 TexReg 4470; amended to be effective April 1, 2007, 32 TexReg 1582; amended to be effective September 1, 2010, 35 TexReg 7877; amended to be effective June 1, 2012, 37 TexReg 3876; amended to be effective January 6, 2014, 39TexReg 90; amended to be effective July 21, 2016, 41 TexReg 5214; transferred effective May 1, 2019, as published in the Texas Register April 12, 2019, 44 TexReg 1886 |
