<<Prev Rule

Texas Administrative Code

Next Rule>>
TITLE 25HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 417AGENCY AND FACILITY RESPONSIBILITIES
SUBCHAPTER KABUSE, NEGLECT, AND EXPLOITATION IN TDMHMR FACILITIES
RULE §417.515Staff Training in Identifying, Reporting, and Preventing Abuse, Neglect, and Exploitation

(a) This subchapter shall be thoroughly and periodically explained to all employees/agents of each facility as follows:

  (1) All new employees/agents who will provide direct services to persons served and all new employees/agents who will routinely perform job duties in proximity to persons served shall receive training on the contents of this subchapter prior to performing their duties and annually thereafter. The training will include:

    (A) an explanation and examples of the acts and signs of possible abuse, neglect, and exploitation;

    (B) the effects of abuse, neglect, and exploitation;

    (C) an explanation that abuse, neglect, and exploitation of persons served is prohibited;

    (D) the disciplinary consequences for:

      (i) committing abuse, neglect, and exploitation; and

      (ii) failure to cooperate with an investigation;

    (E) the procedures for reporting allegations of abuse, neglect, and exploitation;

    (F) a definition of retaliatory action, an explanation that retaliatory action is prohibited, and an explanation of the consequences of retaliatory action;

    (G) practices and attitudes that support the prevention of abuse, neglect, and exploitation; and

    (H) PMAB.

  (2) All new employees/agents who will not provide direct services to persons served and who will not routinely perform any job duty in proximity to persons served shall receive training on the contents of this subchapter within two months of employment or placement and every two years thereafter. The training will include:

    (A) an explanation and examples of the acts and signs of possible abuse, neglect, and exploitation;

    (B) the effects of abuse, neglect, and exploitation;

    (C) an explanation that abuse, neglect, and exploitation of persons served is prohibited;

    (D) the disciplinary consequences for:

      (i) committing abuse, neglect, and exploitation; and

      (ii) failure to cooperate with an investigation;

    (E) the procedures for reporting allegations of abuse, neglect, and exploitation; and

    (F) a definition of retaliatory action, an explanation that retaliatory action is prohibited, and an explanation of the consequences of retaliatory action.

  (3) Physicians shall receive additional training on how to identify signs and symptoms of abuse, neglect, and exploitation.

  (4) All new employees who will provide direct services to persons served shall receive training on the procedures for securing evidence in accordance with "Guidelines for Securing Evidence," referenced as Exhibit B in §417.516 of this title (relating to Exhibits) prior to performing their duties and annually thereafter.

  (5) Within 90 days after the effective date of this subchapter, the head of the facility shall inform all current employees/agents/contractors of changes to policies and procedures as a result of this subchapter.

(b) All supervisory personnel have a continuing responsibility to keep employees/agents informed of current rules and policies governing abuse, neglect, and exploitation and to ensure that employees/agents receive training in accordance with this section.

(c) Instructional materials, audiovisual, and/or other training aids concerning this subchapter are developed and available through the TDMHMR System Human Resource Development, Central Office.

(d) Records of all training content and activities related to course titles shall be kept by each facility. Records shall also be kept on each employee/agent receiving training in compliance with this section, which include:

  (1) the employee/agent's name and signature;

  (2) the course title;

  (3) the result of any assessment;

  (4) the date of the training; and

  (5) the name of the person facilitating, monitoring, or conducting the training.


Source Note: The provisions of this §417.515 adopted to be effective April 23, 2003, 28 TexReg 3354

Link to Texas Secretary of State Home Page | link to Texas Register home page | link to Texas Administrative Code home page | link to Open Meetings home page