| (A) In cases of abuse, neglect, or exploitation, as
those terms are defined in subsection (b), by a licensed, certified,
or registered health care professional, the department may forward
a copy of the completed investigative report to the state agency which
licenses, certifies or registers the health care professional. Any
information which might reveal the identity of the reporter or any
other patients or clients of the facility must be blacked out or deidentified.
(B) A health care professional who fails to report
abuse and neglect or illegal, unprofessional, or unethical conduct
as required by subsection (c)(3) of this section may be referred by
the department to the individual's licensing board for appropriate
disciplinary action.
(2) Abusive treatment methods. The department shall
report or forward a copy of a complaint concerning an abusive treatment
method to the Texas Department of Mental Health and Mental Retardation.
(3) Sexual exploitation reporting requirements. In
addition to the reporting requirements described in subsection (c)(3)
of this section, a mental health services provider must report suspected
sexual exploitation in accordance with Texas Civil Practice and Remedies
Code, §81.006.
(4) Referral follow-up. The department shall request
a report from each referral agency of the action taken by the agency
six months after the referral.
(5) Referral of complaints. A complaint containing
allegations which are not a violation of HSC, Chapters 571 or 577
or this chapter will not be investigated by the department but shall
be referred to law enforcement agencies or other agencies, as appropriate.
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| Source Note: The provisions of this §510.46 adopted to be effective January 1, 2004, 28 TexReg 5154; transferred effective June 1, 2019, as published in the Texas Register May 17, 2019, 44 TexReg 2469 |
