(a) A facility must require an employee of the facility
to sign a statement:
(1) acknowledging that the employee may be criminally
liable for failure to report suspected abuse, neglect, or exploitation;
and
(2) acknowledging the employee's rights under Texas
Health and Safety Code §252.132 (relating to Suit for Retaliation),
which states that an employee has a cause of action against a facility,
the owner of a facility, or another employee of a facility that suspends
or terminates the employment of the employee or otherwise disciplines,
discriminates against, or retaliates against the employee for:
(A) reporting to the employee's supervisor, an administrator
of the facility, a state regulatory agency, or a law enforcement agency,
a violation of law, including a violation of Texas Health and Safety
Code, Chapter 252, or a rule adopted under that chapter; or
(B) initiating or cooperating in any investigation
or proceeding of a governmental entity relating to the care, services,
or conditions at the facility.
(b) The facility must maintain as a part of its personnel
records and make available to the Texas Health and Human Services
Commission upon request the statement described in subsection (a)
of this section.
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Source Note: The provisions of this §551.215 adopted to be effective June 1, 2010, 35 TexReg 4469; transferred effective May 1, 2019, as published in the Texas Register April 12, 2019, 44 TexReg 1883; amended to be effective February 24, 2022, 47 TexReg 787 |