|(a) A facility must ensure that physical and emotional
care is provided to an alleged victim of abuse, neglect, or exploitation
immediately but in no case more than one hour after the facility makes
or learns of an allegation of abuse, neglect, or exploitation, and
must ensure that such care is continued as needed.
(b) The facility must take measures to protect the
rights and safety of the alleged victim and other residents of the
facility after the facility makes or learns of an allegation of abuse,
neglect, or exploitation, including immediately preventing the alleged
perpetrator(s) from having contact with residents.
(c) If the alleged perpetrator is not an employee of
the facility and the alleged abuse, neglect, or exploitation occurred
away from the facility premises, the facility must convene the interdisciplinary
team of the alleged victim to address the alleged perpetrator's access
to the alleged victim while an investigation is being conducted. If
the interdisciplinary team recommends that a restriction be placed
on an alleged perpetrator's access to the alleged victim, the facility's
specially constituted committee must review and approve the restriction
before it is implemented and the facility must document the restriction
in the alleged victim's record.
(d) Within 24 hours of making or learning of an allegation
of abuse, neglect, or exploitation, the facility must notify the alleged
victim and the victim's legally authorized representative (LAR) that
an allegation of abuse, neglect, or exploitation involving the victim
has been made and reported. If the facility cannot notify the LAR
in person or by phone, the facility must notify the LAR by certified
mail with a return receipt requested.
(e) If Texas Department of Family and Protective Services
confirms an allegation of abuse, neglect, or exploitation against
an employee of a facility, the facility must take prompt and appropriate
disciplinary action against the employee.