Current through Reg. 49, No. 49; December 6, 2024
Section 261.225 - Reporting Incidents to DADS(a) In this section, "serious physical injury" is defined as in Chapter 711 of Title 40 (relating to Investigations in DADS and DSHS Facilities and Related Programs).(b) A program provider that, in accordance with THSC § 252.003, is exempt from licensure under THSC § 252.031 must report the following incidents to DADS Consumer Rights and Services at 1-800-458-9858 within one hour after suspecting or learning of the incident: (1) alleged (Class I) physical abuse of an individual, as defined in Chapter 711 of Title 40, that caused or may have caused serious physical injury;(2) alleged (Class I) sexual abuse of an individual, as defined in Chapter 711 of Title 40;(3) sexual activity between individuals resulting from coercion, physical force, or taking advantage of the disability of an individual;(4) sexual activity involving an individual who is less than 18 years of age;(5) the pregnancy of an individual;(6) individual-to-individual aggression that results in serious physical injury;(7) the death of an individual; and(8) the inability to locate an individual if: (A) the individual's health or safety is at risk; or(B) the individual's location has been unknown for more than eight hours.(c) Within five working days after making a report described in subsection (b) of this section, the program provider must: (1) conduct a thorough investigation of the incident; and(2) send a written investigation report on Form 3613A, Provider Investigation Report, to DADS Consumer Rights and Services.26 Tex. Admin. Code § 261.225
Adopted to be effective November 4, 2013, 38 TexReg 7724; Transferred from Title 40, § 9.225 by Texas Register, Volume 45, Number 35, August 28, 2020, TexReg 6127, eff. 10/1/2020