Section 550.1303 - Cooperation with an Inspection and Visit(a) By applying for and holding a license, a license holder consents to entry or inspection of the center's premises by an HHSC representative to verify compliance with THSC Chapter 248A and this chapter.(b) A center must make all of its books, records, and other documents maintained by or on behalf of a center accessible to HHSC upon request. (1) HHSC is authorized to photocopy documents, photograph minors, and use any other available recording devices to preserve all relevant evidence of conditions found during an inspection or investigation that HHSC reasonably believes threaten the health and safety of a minor.(2) HHSC may request, photocopy, and otherwise reproduce records and documents including admission sheets, medication records, observation notes, medical records, clinical notes, and any other of a center's documents.(3) HHSC protects the copies for privacy and confidentially purposes in accordance with recognized standards of medical records practice, applicable state laws, and HHSC policy.(c) During an inspection or investigation, a center's representative and staff must not: (1) make a false statement that a person knows or should know is false of a material fact about a matter under investigation by HHSC;(2) willfully interfere with the work of an HHSC representative;(3) willfully interfere with an HHSC representative in preserving evidence of a violation; or(4) refuse to allow an HHSC representative to inspect a book, record, or file required to be maintained by or on behalf of a center.(d) HHSC may assess an administrative penalty for a violation of provisions in this section, or may take other enforcement action to deny, revoke, or suspend a license, if a center does not cooperate with an inspection.(e) In order to preserve the integrity of the inspection and investigation process, a center must: (1) not record, listen to, or eavesdrop on any HHSC interview with center staff or minors that the center staff knows HHSC intends to keep confidential, as evidenced by HHSC taking reasonable measures to prevent from being overheard; or(2) not record, listen to, or eavesdrop on any HHSC internal discussions outside the presence of center staff when HHSC has requested a private room or office or distanced themselves from center staff, unless the center obtains HHSC written approval before beginning to record or listen to the discussion.(f) A center must inform HHSC when security cameras or other existing recording devices in the center are in operation during any internal discussion by or among HHSC staff.(g) When HHSC permits center staff by words or actions to be present, an interview or conversation for which center staff are present does not constitute a violation of this rule.(h) This section does not prohibit a minor or a minor's parents from recording an HHSC interview with the minor.26 Tex. Admin. Code § 550.1303
The provisions of this §550.1303 adopted to be effective September 1, 2014, 39 TexReg 6569; Transferred from Title 40, Chapter 15 by Texas Register, Volume 44, Number 15, April 12, 2019, TexReg 1875, eff. 5/1/2019; Amended by Texas Register, Volume 49, Number 39, September 27, 2024, TexReg 7933, eff. 10/16/2024