| (a) The following words and terms, when used in this
section, shall have the following meanings, unless the context clearly
indicates otherwise.
(1) Abuse--The negligent or willful infliction of injury,
unreasonable confinement, intimidation, or cruel punishment, including
pain or sexual abuse, that adversely affects the physical, mental,
or emotional welfare of a patient.
(2) Exploitation--The use of a patient's resources
for monetary or personal benefit, profit, or gain without the informed
consent of the patient.
(3) Illegal conduct--Conduct prohibited by law.
(4) Neglect--The failure to provide goods or services
that are necessary to avoid adversely affecting the physical, mental,
or emotional welfare of a patient.
(5) Unethical conduct--Conduct prohibited by the ethical
standards adopted by state or national professional organizations
for their respective professions or by rules established by the state
licensing agency for the respective profession.
(6) Unprofessional conduct--Conduct prohibited under
rules adopted by the state licensing agency for the respective profession.
(b) The facility or a person associated with a facility,
including an employee, volunteer, health care professional, or other
person, shall immediately report all incidents of abuse, neglect,
or exploitation to the Texas Health and Human Services Commission
(HHSC) and any other appropriate regulatory agency. This includes
any information that would reasonably cause a person to believe that
an incident of abuse, neglect, or exploitation has occurred, is occurring,
or will occur.
(c) A person associated with a facility, including
an employee, volunteer, health care professional, or other person,
who reasonably believes or knows of information that would reasonably
cause a person to believe the facility, a facility employee, or a
health care professional associated with the facility, has, is, or
will be engaged in conduct that is or might be illegal, unprofessional,
or unethical and that relates to the operation of the facility shall
report the information as soon as possible to HHSC or to the appropriate
state health care regulatory agency.
(d) A facility shall prominently and conspicuously
post for display a statement of the duty to report abuse, neglect,
exploitation, illegal conduct, unethical conduct, or unprofessional
conduct.
(1) The display shall be posted in a public area of
the facility and shall be readily visible to patients, residents,
volunteers, employees, and visitors.
(2) The statement shall be in English and in a second
language as appropriate to the demographic makeup of the community
served.
(3) The statement shall contain the contact information
for HHSC Complaint and Incident Intake.
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