Tex. Human Resources Code Section 48.301
Investigation of Reports in Other State Facilities


(a)

If the department receives a report of suspected abuse, neglect, or exploitation of an elderly person or a person with a disability receiving services in a facility operated, licensed, certified, or registered by a state agency, the department shall refer the report to that agency.

(a-1)

This subchapter does not apply to a report of suspected abuse, neglect, or exploitation of an individual receiving services from a provider as described by Subchapter F.

(b)

A state agency that receives a report under this section shall make a thorough investigation promptly after receiving a report that an elderly person or person with a disability has been or may be abused, neglected, or exploited in a facility operated, licensed, certified, or registered by the agency. The primary purpose of the investigation is the protection of the elderly person or person with a disability.

(c)

Each state agency that may receive reports under this section, or the person responsible for adopting rules for that state agency, shall adopt rules relating to the investigation and resolution of reports received under this section.

(d)

The state agency shall prepare and keep on file a complete written report of each investigation conducted by the state agency under this section.

(e)

A state agency that receives a complaint relating to an investigation conducted under this section shall refer the complaint to its governing board, if applicable, or other person or entity designated to receive such complaints for review and appropriate action.

(f)

The executive commissioner by rule shall adopt minimum standards for the investigation of suspected abuse, neglect, or exploitation of an elderly person or person with a disability under this section.

(g)

A rule or policy adopted by or for a state agency under Subsection (c) must be consistent with the minimum standards adopted by the executive commissioner.
Added by Acts 1999, 76th Leg., ch. 907, Sec. 34, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 355, Sec. 7, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 34, eff. June 11, 2009.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.285, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 860 (S.B. 1880), Sec. 9, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1272 (S.B. 760), Sec. 17, eff. September 1, 2015.

Source: Section 48.301 — Investigation of Reports in Other State Facilities, https://statutes.­capitol.­texas.­gov/Docs/HR/htm/HR.­48.­htm#48.­301 (accessed May 4, 2024).

48.001
Purpose
48.002
Definitions
48.003
Investigations in Nursing Facilities, Assisted Living Facilities, and Similar Facilities
48.004
Risk Assessment
48.005
Maintenance of Records
48.006
Community Satisfaction Survey
48.007
Memorandum of Understanding Regarding Certain Abuse, Neglect, or Exploitation Investigations
48.0021
Reference to Commission or Executive Commissioner
48.051
Report
48.052
Failure to Report
48.053
False Report
48.054
Immunity
48.101
Confidentiality and Disclosure of Information
48.102
Reports of Investigations in Schools
48.103
Notification of Licensing or Contracting Agency
48.151
Action on Report
48.152
Investigation
48.153
Access to Investigation
48.154
Access to Records or Documents
48.155
Interference with Investigation or Services Prohibited
48.156
Agency Reports
48.159
Internal Review of Department Investigation
48.201
Application of Subchapter
48.202
Service Determination by Department or Agency
48.203
Voluntary Protective Services
48.204
Agency Powers
48.205
Provision of Services
48.206
Cost of Services
48.207
Objection to Medical Treatment
48.208
Emergency Order for Protective Services
48.209
Referral for Guardianship Services
48.210
Representation
48.211
Report to Guardianship Court
48.251
Definitions
48.252
Investigation of Reports of Abuse, Neglect, or Exploitation by Provider
48.253
Action on Report
48.254
Forwarding of Certain Reports
48.255
Rules for Investigations Under This Subchapter
48.256
Sharing Provider Information
48.257
Retaliation Prohibited
48.258
Tracking System for Reports and Investigations
48.301
Investigation of Reports in Other State Facilities
48.302
Approval of Rules
48.303
Memorandum of Understanding
48.304
Statistics
48.401
Definitions
48.402
Rules Relating to Reportable Conduct
48.403
Finding
48.404
Notice of Finding
48.405
Hearing
48.406
Notice
48.407
Informal Proceedings
48.408
Information for the Employee Misconduct Registry
48.1521
Investigation of Complex Cases
48.1522
Reports of Criminal Conduct to Law Enforcement Agency
48.1523
Management Review Following Certain Investigations
48.2535
Forwarding Certain Reports of Criminal Conduct to Law Enforcement

Accessed:
May 4, 2024

§ 48.301’s source at texas​.gov