26 Tex. Admin. Code § 550.1303

Current through Reg. 49, No. 36; September 6, 2024
Section 550.1303 - Cooperation with an Inspection and Visit
(a) By applying for and holding a license, a license holder consents to entry or inspection of the center's premises by a DADS representative to verify compliance with THSC Chapter 248A and this chapter.
(b) A center must make all of its books, records, and other documents maintained by or on behalf of a center accessible to DADS upon request.
(1) DADS is authorized to photocopy documents, photograph minors, and use any other available recording devices to preserve all relevant evidence of conditions found during an inspection or investigation that DADS reasonably believes threaten the health and safety of a minor.
(2) DADS may request, photocopy, and otherwise reproduce records and documents including admission sheets, medication records, observation notes, medical records, clinical notes, and any other of a center's documents.
(3) DADS protects the copies for privacy and confidentially purposes in accordance with recognized standards of medical records practice, applicable state laws, and DADS policy.
(c) During an inspection or investigation, a center's representative and staff must not:
(1) make a false statement that a person knows or should know is false of a material fact about a matter under investigation by DADS;
(2) willfully interfere with the work of a DADS representative;
(3) willfully interfere with a DADS representative in preserving evidence of a violation; or
(4) refuse to allow a DADS representative to inspect a book, record, or file required to be maintained by or on behalf of a center.
(d) DADS may assess an administrative penalty for a violation of provisions in this section, or may take other enforcement action to deny, revoke, or suspend a license, if a center does not cooperate with an inspection.

26 Tex. Admin. Code § 550.1303

The provisions of this §550.1303 adopted to be effective September 1, 2014, 39 TexReg 6569; Transferred from Title 40, Chapter 15 by Texas Register, Volume 44, Number 15, April 12, 2019, TexReg 1875, eff. 5/1/2019