(a) If an employer or DR knows or suspects that an individual is being or has been abused, neglected, or exploited, the employer or DR must:
  (1) report the knowledge or suspicion to DFPS:
    (A) for an individual who is in the HCS Program or TxHmL Program, immediately, but not later than one hour, after having knowledge or suspicion by:
      (i) calling the toll-free telephone number, 1-800-647-7418; or
      (ii) using the DFPS website; or
    (B) for an individual who is in the DBMD Program, CLASS Program, PHC Program, CAS Program, or FC Program, immediately, but not later than 24 hours, after having knowledge or suspicion by:
      (i) calling the DFPS Abuse Hotline toll-free telephone number, 1-800-252-5400; or
      (ii) using the DFPS Abuse Hotline website;
  (2) take actions to secure the safety of the individual;
  (3) obtain immediate and ongoing medical or psychological services for the individual as necessary;
  (4) when taking the actions described in paragraphs (2) and (3) of this subsection, avoid compromising the investigation or further traumatizing the individual; and
  (5) preserve and protect evidence related to the allegation.
(b) An employer or DR must ensure a service provider who knows or suspects that an individual is being or has been abused, neglected, or exploited, complies with the reporting requirement in subsection (a)(1)(A) or (B) of this section.
(c) If an FMSA, a staff person, or a controlling person knows or suspects that an individual is being or has been abused, neglected, or exploited, the FMSA must report or ensure that the person with knowledge or suspicion reports the allegation of abuse, neglect, or exploitation to DFPS:
  (1) for an individual who is in the HCS Program or TxHmL Program, immediately, but not later than one hour, after having knowledge or suspicion by:
    (A) calling the DFPS Abuse Hotline toll-free telephone number, 1-800-647-7418; or
    (B) using the DFPS Abuse Hotline website; or
  (2) for an individual who is in the DBMD Program, CLASS Program, PHC Program, CAS Program, or FC Program, immediately, but not later than 24 hours, after having knowledge or suspicion by:
    (A) calling the DFPS Abuse Hotline toll-free telephone number, 1-800-252-5400; or
    (B) using the DFPS Abuse Hotline website.

Source Note: The provisions of this §41.701 adopted to be effective October 1, 2019, 44 TexReg 5074