(a)The following priority rating system shall serve
to distinguish between categories of complaints. The priority rating
system is as follows:
(1)High Priority - cases involving sexual
misconduct or a probability of imminent physical harm to the
public or a member of the public; and
[(2)cases involving sexual misconduct;]
[(3)cases involving applicants for
licensure; and]
(2)[(4)] Regular Priority
- cases involving all other violations of state or federal law.
(b)The Enforcement Division shall investigate all
complaints in a timely manner. A schedule shall be established for
conducting each phase of a complaint that is under the control of
the Council not later than the 30th day after the date the complaint
is received. The schedule shall be kept in the information file of
the complaint, and all parties shall be notified of the projected
time requirements for pursuing the complaint. A change in the schedule
must be noted in the complaint information file, and all parties to
the complaint must be notified in writing not later than the seventh
day after the date the change is made.
(c)The Council may accept, but is not obligated to
investigate, a complaint that lacks sufficient information to identify
the source or the name of the person who filed the complaint.
(d)A complainant may explain the allegations made
in the complaint by attaching or including with the complaint any
evidence the complainant believes is relevant to a determination of
the allegations, including written statements or communications, medical
or mental health records, recordings, photographs, or other documentary
evidence.
(e)A review will be conducted upon receipt of a complaint
to determine if the Council has jurisdiction over the complaint, and
if so, whether the complaint states an allegation which, if true,
would constitute a violation of the Council's rules or other law within
the jurisdiction of the Council.
(f)Complaints that do not state a violation of a law
within the jurisdiction of the Council shall be dismissed. If the
complaint alleges a violation of a law within the jurisdiction of
another agency, the complaint will be referred to that agency as required
or allowed by law.
(g)Complaints that state a violation of a law within
the jurisdiction of the Council shall be investigated by an investigator
assigned by the Enforcement Division.
(h)Licensees will receive written notice of any alleged
complaint(s), including specific information regarding any violation(s)
encountered. Notice to a licensee is effective and service is complete
when sent by registered or certified mail to the licensee's address
of record at the time of the mailing.
(i)Following completion of the investigation, an investigation
report shall be drafted. This report shall include a recommendation
as to whether the investigation has produced sufficient evidence to
establish probable cause that a violation has occurred.
(j)The Enforcement Division Manager (or the manager's
designee) and legal counsel shall review the investigation report
to determine if there is probable cause that a violation occurred.
(k)A complaint for which the staff determines probable
cause exists shall be referred for an informal conference by agency
staff or a member board's Disciplinary Review Panel. Agency staff
shall send the respondent notice of the date and time of the informal
conference.
(l)A complaint for which staff or a Disciplinary Review
Panel determines that probable cause does not exist shall be referred
for dismissal.
(m)The services of a private investigator shall be
retained only in the event that staff investigator positions are vacant
or inadequate to provide essential investigative services. The services
of a private investigative agency shall be obtained in accordance
with the state's procurement procedures.
(n)If a complainant or respondent are represented
by an attorney, any notice or service required by law shall be made
upon the attorney at the attorney's last known address.
The agency certifies that legal counsel has reviewed
the proposal and found it to be within the state agency's legal authority
to adopt.
Filed with the Office
of the Secretary of State on March 20, 2023
TRD-202301103 Darrel D. Spinks
Executive Director
Texas Behavioral Health Executive Council
Earliest possible date of adoption: April 30, 2023
For further information, please call: (512)
305-7706
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