(a) A person who knows or suspects an individual has been abused, neglected, or exploited must immediately report the alleged abuse, neglect, or exploitation to DFPS within one hour of learning of or suspecting the incident by calling 1-800-647-7418. Abuse, neglect, or exploitation may occur before an individual is admitted to a facility, during an absence from a facility, or while in residence at the facility.
(b) A facility must report incidents identified as abuse, neglect, or exploitation during the course of a facility investigation or peer review.
(c) If the person with knowledge or suspicion of abuse, neglect, or exploitation is not an employee or contractor, an employee must assist the person in making a report, if necessary.
(d) DADS may take disciplinary action, including termination, against an employee who is found to have:
(1) failed to report as required by this section within the allotted time period without sufficient justification; or
(2) made a false statement of fact, refused to cooperate, or destroyed evidence during an investigation.
Source Note: The provisions of this §3.302 adopted to be effective October 6, 2011, 36 TexReg 6511