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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 19DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
CHAPTER 705ADULT PROTECTIVE SERVICES
SUBCHAPTER OEMPLOYEE MISCONDUCT REGISTRY
RULE §705.1507How is reportable conduct defined for the purpose of this subchapter?

(a) Reportable conduct as defined in Texas Human Resources Code, §48.401, includes:

  (1) abuse or neglect that causes or may cause death or harm to an alleged victim or client;

  (2) sexual abuse of an alleged victim or client;

  (3) financial exploitation of an alleged victim or client in an amount of $25 or more; and

  (4) emotional, verbal, or psychological abuse that causes harm to an alleged victim or client.

(b) For purposes of subsection (a) of this section, the terms abuse, neglect, sexual abuse, and financial exploitation have the meanings provided in Subchapter A of this chapter (relating to Definitions).

(c) For purposes of subsection (a)(1) of this section the term harm means:

  (1) a significant injury or risk of significant injury, including a fracture, dislocation of any joint, internal injury, a contusion larger than 2 and 1/2 inches, concussion, second or third degree burn, or any laceration requiring sutures;

  (2) an adverse health effect that results or is at risk of resulting from failure to receive medications in the amounts or at the times prescribed; or

  (3) any other harm or risk of harm that warranted, or would reasonably be expected to have warranted, medical treatment or hospitalization.

(d) For purposes of subsection (a)(4) of this section, the term harm means substantial harm as evidenced by observable signs of substantial physical or emotional distress or as diagnosed by an appropriate medical professional.


Source Note: The provisions of this §705.1507 adopted to be effective February 1, 2021, 46 TexReg 317

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