1. (a) In this section, "serious physical injury" is defined as in Chapter 711 of this title (relating to Investigations in DADS and DSHS Facilities and Related Programs).

2. (b) A program provider that, in accordance with THSC §252.003, is exempt from licensure under THSC §252.031 must report the following incidents to DADS Consumer Rights and Services at 1-800-458-9858 within one hour after suspecting or learning of the incident:

   1. (1) alleged (Class I) physical abuse of an individual, as defined in Chapter 711 of this title, that caused or may have caused serious physical injury;
   2. (2) alleged (Class I) sexual abuse of an individual, as defined in Chapter 711 of this title;
   3. (3) sexual activity between individuals resulting from coercion, physical force, or taking advantage of the disability of an individual;
   4. (4) sexual activity involving an individual who is less than 18 years of age;
   5. (5) the pregnancy of an individual;
   6. (6) individual-to-individual aggression that results in serious physical injury;
   7. (7) the death of an individual; and

   8. (8) the inability to locate an individual if:

      1. (A) the individual's health or safety is at risk; or
      2. (B) the individual's location has been unknown for more than eight hours.

3. (c) Within five working days after making a report described in subsection (b) of this section, the program provider must:

   1. (1) conduct a thorough investigation of the incident; and
   2. (2) send a written investigation report on Form 3613A, Provider Investigation Report, to DADS Consumer Rights and Services.

Source Note:The provisions of this §261.225 adopted to be effective November 4, 2013, 38 TexReg 7724; transferred effective October 1, 2020, as published in the Texas Register August 28, 2020, 45 TexReg 6127.