Section 135.61 - Integrity of Inspections and Investigations(a) In order to preserve the integrity of the Texas Health and Human Services Commission's (HHSC's) inspection and investigation process, an ambulatory surgical center's (ASC's) staff: (1) may not record, listen to, or eavesdrop on any HHSC interview with ASC staff or patients that the ASC staff knows HHSC intends to keep confidential as evidenced by HHSC taking reasonable measures to prevent from being overheard; or(2) may not record, listen to, or eavesdrop on any HHSC internal discussions outside the presence of ASC staff when HHSC has requested a private room or office or distanced themselves from ASC staff unless the ASC first informs HHSC and the ASC obtains HHSC's written approval before beginning to record or listen to the discussion.(b) An ASC shall inform HHSC when security cameras or other existing recording devices in the ASC are in operation during any internal discussion by or among HHSC staff.(c) When HHSC by words or actions permits ASC staff to be present, an interview or conversation for which ASC staff are present does not constitute a violation of this rule.(d) This section does not prohibit an individual from recording an HHSC interview with the individual.25 Tex. Admin. Code § 135.61
Adopted by Texas Register, Volume 49, Number 46, November 15, 2024, TexReg 9239, eff. 11/21/2024