(a) A state MR facility and an MRA must employ a rights protection officer whose primary duty is to advocate for the rights of individuals served by that state MR facility or MRA and to assist LARs in advocating for the rights of individuals.
(b) The superintendent of a state MR facility and the chief executive officer of an MRA must specify the duties of the rights protection officer, which must include:
  (1) receiving a complaint regarding the violation of an individual's or LAR's rights or the quality of services and supports;
  (2) investigating a complaint or forwarding the complaint to the appropriate investigatory entity;
  (3) advocating for the resolution of a complaint;
  (4) reporting the results of an investigation to the complainant, consistent with confidentiality rights;
  (5) reviewing policies, procedures, and practices of the state MR facility or MRA that affect the rights of an individual and LAR to ensure that the individual's and LAR's rights are protected;
  (6) serving as or coordinating with the liaison between the state MR facility or MRA and the Department of Family and Protective Services regarding allegations of abuse or neglect;
  (7) acting as the liaison between the state MR facility or MRA and advocacy organizations; and
  (8) acting as the liaison between the state MR facility or MRA and DADS Consumer Rights and Services.
(c) The superintendent of a state MR facility and the chief executive officer of an MRA must ensure that the duties of the rights protection officer do not include any supervision of or responsibility for the delivery of services and supports that would represent a conflict of interest with the rights protection officer's primary duty of advocacy on an individual's and LAR's behalf.
(d) A state MR facility and an MRA must ensure that in every program and residential area of the state MR facility and MRA:
  (1) the name, telephone number, e-mail address, and mailing address of the rights protection officer are posted conspicuously; and
  (2) a telephone is accessible for an individual to contact the rights protection officer.

Source Note: The provisions of this §334.113 adopted to be effective January 1, 2007, 31 TexReg 10349; transferred effective July 1, 2024, as published in the June 14, 2024, issue of the Texas Register, 49 TexReg 4435