SUBCHAPTER A GENERAL PROVISIONS
- Texas Section 48.001 - Purpose
The purpose of this chapter is to provide for the authority to investigate the abuse, neglect, or exploitation of an elderly person or person with...
- Texas Section 48.002 - Definitions
(a) Except as otherwise provided under Section 48.251, in this chapter: (1) "Elderly person" means a person 65 years of age or older. (2) "Abuse"...
- Texas Section 48.003 - Investigations In Nursing Facilities, Assisted Living Facilities, And Similar Facilities
(a) Except as provided by Subsection (c), this chapter does not apply if the alleged or suspected abuse, neglect, or exploitation occurs in a facility...
- Texas Section 48.004 - Risk Assessment
The executive commissioner by rule shall develop and maintain risk assessment criteria for use by department personnel in determining whether an elderly person or person...
- Texas Section 48.005 - Maintenance Of Records
Notwithstanding Chapter 441, Government Code, or any other law, and subject to the availability of funds, the department shall maintain in an electronic format a...
- Texas Section 48.006 - Community Satisfaction Survey
(a) Subject to the availability of funds, the department shall develop a community satisfaction survey that solicits information regarding the department's performance with respect to...
SUBCHAPTER B REPORTS OF ABUSE, NEGLECT, OR EXPLOITATION: IMMUNITIES
- Texas Section 48.007 - Memorandum Of Understanding Regarding Certain Abuse, Neglect, Or Exploitation Investigations
The commission, the department, the Department of Aging and Disability Services, the office of independent ombudsman for state supported living centers, and the commission's office...
- Texas Section 48.051 - Report
(a) Except as prescribed by Subsection (b), a person having cause to believe that an elderly person, a person with a disability, or an individual...
- Texas Section 48.052 - Failure To Report; Penalty
(a) A person commits an offense if the person has cause to believe that an elderly person or person with a disability has been abused,...
- Texas Section 48.053 - False Report; Penalty
(a) A person commits an offense if the person knowingly or intentionally reports information as provided in this chapter that the person knows is false...
SUBCHAPTER C CONFIDENTIALITY
- Texas Section 48.054 - Immunity
(a) A person filing a report under this chapter or testifying or otherwise participating in any judicial proceeding arising from a petition, report, or investigation...
- Texas Section 48.101 - Confidentiality And Disclosure Of Information; Agency Exchange Of Information
(a) The following information is confidential and not subject to disclosure under Chapter 552, Government Code: (1) a report of abuse, neglect, or exploitation made...
- Texas Section 48.102 - Reports Of Investigations In Schools
(a) The department shall send a written report of the department's investigation of alleged abuse, neglect, or exploitation of an adult with a disability at...
SUBCHAPTER D INVESTIGATIONS BY ALL AGENCIES
- Texas Section 48.103 - Notification Of Licensing Or Contracting Agency
(a) Except as otherwise provided by Subsection (c), on determining after an investigation that an elderly person or a person with a disability has been...
- Texas Section 48.151 - Action On Report
(a) Not later than 24 hours after the department receives a report of an allegation of abuse, neglect, or exploitation under Section 48.051, the department...
- Texas Section 48.152 - Investigation
(a) An investigation by the department or a state agency shall include an interview with the elderly person or person with a disability, if appropriate,...
- Texas Section 48.1521 - Investigation Of Complex Cases
(a) The department shall develop and implement a system to ensure that, to the greatest extent possible, investigations conducted by the department that involve especially...
- Texas Section 48.1522 - Reports Of Criminal Conduct To Law Enforcement Agency
(a) Except as provided by Subsection (b), if during the course of the department's or another state agency's investigation of reported abuse, neglect, or exploitation...
- Texas Section 48.1523 - Management Review Following Certain Investigations
If the department receives and investigates a report made under Section 48.051, the subject of which is a person with respect to whom the department...
- Texas Section 48.153 - Access To Investigation
(a) To implement an investigation of reported abuse, neglect, or exploitation, the probate court, or the county court when no probate court exists, may authorize...
- Texas Section 48.154 - Access To Records Or Documents
(a) The department or another state agency, as appropriate, shall have access to any records or documents, including client-identifying information, financial records, and medical and...
- Texas Section 48.155 - Interference With Investigation Or Services Prohibited
(a) A person, including a guardian and notwithstanding Section 1151.001, Estates Code, may not interfere with: (1) an investigation by the department or by another...
- Texas Section 48.156 - Agency Reports
A protective services agency shall make reports relating to its provision of protective services as the department or a court may require. Added by Acts...
SUBCHAPTER E PROVISION OF SERVICES; EMERGENCY PROTECTION
- Texas Section 48.159 - Internal Review Of Department Investigation
The department shall establish procedures for conducting an internal review of completed investigations conducted by the department under this chapter to: (1) determine whether information...
- Texas Section 48.201 - Application Of Subchapter
Except as otherwise provided, this subchapter does not apply to an investigation conducted under Subchapter F. Added by Acts 1999, 76th Leg., ch. 907, Sec....
- Texas Section 48.202 - Service Determination By Department Or Agency
(a) In an investigation the department or state agency, as appropriate, shall determine: (1) whether the person needs protective services from the department; (2) what...
- Texas Section 48.203 - Voluntary Protective Services
(a) An elderly person or person with a disability may receive voluntary protective services if the person requests or consents to receive those services. (b)...
- Texas Section 48.204 - Agency Powers
A protective services agency may furnish protective services to an elderly person or person with a disability with the person's consent or to a relative...
- Texas Section 48.205 - Provision Of Services
(a) Subject to the availability of funds, the department shall provide direct protective services or contract with protective services agencies for the provision of those...
- Texas Section 48.206 - Cost Of Services
If the elderly person or person with a disability receiving the protective services is determined to be financially able to contribute to the payments for...
- Texas Section 48.207 - Objection To Medical Treatment
This chapter does not authorize or require any medical treatment of a person who objects on the grounds that he is an adherent or member...
- Texas Section 48.208 - Emergency Order For Protective Services
(a) For purposes of this section, a person lacks the capacity to consent to receive protective services if, because of mental or physical impairment, the...
- Texas Section 48.209 - Referral For Guardianship Services
(a) The department shall refer an individual to the Department of Aging and Disability Services for guardianship services under Subchapter E, Chapter 161, if the...
- Texas Section 48.210 - Representation
(a) Except as provided by Subsection (b), the prosecuting attorney representing the state in criminal cases in the county court shall represent the department in...
- Texas Section 48.211 - Report To Guardianship Court
If the elderly person or person with a disability has a guardian, a written notification of the findings of the investigation shall be sent to...
SUBCHAPTER F INVESTIGATIONS IN CERTAIN FACILITIES, COMMUNITY CENTERS, AND LOCAL MENTAL HEALTH AND INTELLECTUAL AND DEVELOPMENTAL DISABILITY AUTHORITIES
- Texas Section 48.212 - Pilot Program To Provide Protective Services To Persons At Risk Of Future Harm
(a) Notwithstanding any other law, including Section 48.002(a)(5), the department shall, using existing resources, develop and implement a pilot program that evaluates the feasibility and...
- Texas Section 48.251 - Definitions
(a) In this subchapter: (1) "Behavioral health services" means: (A) mental health services, as defined by Section 531.002, Health and Safety Code; and (B) interventions...
- Texas Section 48.252 - Investigation Of Reports Of Abuse, Neglect, Or Exploitation By Provider
(a) The department shall receive and, except as provided by Subsection (b), shall investigate under this subchapter reports of the abuse, neglect, or exploitation of...
- Texas Section 48.253 - Action On Report
(a) On receipt by the department of a report of alleged abuse, neglect, or exploitation under this subchapter, the department shall initiate a prompt and...
- Texas Section 48.254 - Forwarding Of Certain Reports
(a) The executive commissioner by rule shall establish procedures for the department to use to forward a copy of the initial intake report and a...
- Texas Section 48.255 - Rules For Investigations Under This Subchapter
(a) The executive commissioner shall adopt rules to: (1) prioritize investigations conducted under this subchapter with the primary criterion being whether there is a risk...
- Texas Section 48.256 - Sharing Provider Information
(a) The executive commissioner shall adopt rules that prescribe the appropriate manner in which health and human services agencies and managed care organizations provide the...
- Texas Section 48.257 - Retaliation Prohibited
(a) A provider of home and community-based services may not retaliate against a person for filing a report or providing information in good faith relating...
SUBCHAPTER G INVESTIGATIONS IN CERTAIN FACILITIES
- Texas Section 48.258 - Tracking System For Reports And Investigations
(a) The health and human services agencies shall, at the direction of the executive commissioner, jointly develop and implement a system to track reports and...
- Texas 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...
- Texas Section 48.302 - Approval Of Rules
The executive commissioner shall review and approve the rules required by Section 48.301(c) to ensure that all agencies implement appropriate standards for the conduct of...
- Texas Section 48.303 - Memorandum Of Understanding
(a) The department shall enter into a memorandum of understanding with each state agency that operates, licenses, certifies, or registers a facility in which elderly...
SUBCHAPTER I EMPLOYEE MISCONDUCT REGISTRY
- Texas Section 48.304 - Statistics
(a) A state agency that operates, licenses, certifies, or registers a facility in which elderly persons or persons with disabilities are located shall compile and...
- Texas Section 48.401 - Definitions
In this subchapter: (1) "Agency" means: (A) an entity licensed under Chapter 142, Health and Safety Code; (B) a person exempt from licensing under Section...
- Texas Section 48.402 - Rules Relating To Reportable Conduct
The executive commissioner may adopt rules to further define reportable conduct. Added by Acts 2001, 77th Leg., ch. 1267, Sec. 1, eff. Jan. 1, 2002....
- Texas Section 48.403 - Finding
After an investigation and following the procedures of this subchapter, if the department confirms or validates the occurrence of reportable conduct by an employee, the...
- Texas Section 48.404 - Notice Of Finding
(a) The department shall give written notice of the department's findings under Section 48.403 to the employee. The notice must include: (1) a brief summary...
- Texas Section 48.405 - Hearing; Order
(a) If the employee requests a hearing, the department or its designee shall: (1) set a hearing; (2) give written notice of the hearing to...
- Texas Section 48.406 - Notice; Judicial Review
(a) The department shall give notice of the order under Section 48.405 to the employee alleged to have committed the reportable conduct. The notice must...
- Texas Section 48.407 - Informal Proceedings
The executive commissioner by rule shall adopt procedures governing informal proceedings held in compliance with Section 2001.056, Government Code. Added by Acts 2001, 77th Leg.,...
- Texas Section 48.408 - Information For The Employee Misconduct Registry
(a) When the department forwards a finding of reportable conduct to the Department of Aging and Disability Services for recording in the employee misconduct registry,...