(a) In accordance with §137.42 of this title (relating to Disclosure Requirements), all licensed centers are required to provide a client, and her guardian if the client is a minor or if guardianship is required, at the time of the initial visit, with a written statement that complaints relating to the center may be registered with the Manager, Health Facility Compliance Group, Department of State Health Services, 1100 West 49th Street, Austin, Texas 78756; Telephone (888) 973-0022; (512) 834-6650; and Fax (512) 834-6653.     
      (b) Complaints may be registered with the department by telephone, fax or in writing at the address listed in subsection (a) of this section. A complainant may provide his or her name, address, and phone number to the department. Anonymous complaints may be registered if the complainant provides sufficient information.     
      (c) The department will evaluate all complaints received.     
      (d) A complaint containing allegations that are a violation of the Act or this chapter will be investigated by the department.     
      (e) A department representative (surveyor) may enter the premises of a center at reasonable times as necessary to assure compliance with the Act and this chapter. The department is not required to notify the applicant or licensee prior to a complaint investigation.     
      (f) If the department determines that the complaint does not come within the department's jurisdiction, the department shall advise the complainant and, if possible, refer the complainant to the appropriate governmental agency for handling such a complaint.     
      (g) The department shall inform in writing a complainant who identifies himself or herself by name and address of the final disposition of the complaint.     
      (h) A person may file a complaint with the department against a birthing center licensed under this chapter. A person who files a false complaint may be prosecuted under the Penal Code.     
     Source Note:        The provisions of this §137.25 adopted to be effective December 2, 2007, 32 TexReg 8507