1. (a) A facility must require an employee of the facility to sign a statement:

   1. (1) acknowledging that the employee may be criminally liable for failure to report suspected abuse, neglect, or exploitation; and

   2. (2) acknowledging the employee's rights under Texas Health and Safety Code §252.132 (relating to Suit for Retaliation), which states that an employee has a cause of action against a facility, the owner of a facility, or another employee of a facility that suspends or terminates the employment of the employee or otherwise disciplines, discriminates against, or retaliates against the employee for:

      1. (A) reporting to the employee's supervisor, an administrator of the facility, a state regulatory agency, or a law enforcement agency, a violation of law, including a violation of Texas Health and Safety Code, Chapter 252, or a rule adopted under that chapter; or
      2. (B) initiating or cooperating in any investigation or proceeding of a governmental entity relating to the care, services, or conditions at the facility.
2. (b) The facility must maintain as a part of its personnel records and make available to the Texas Health and Human Services Commission upon request the statement described in subsection (a) of this section.

Source Note:The provisions of this §551.215 adopted to be effective June 1, 2010, 35 TexReg 4469; transferred effective May 1, 2019, as published in the Texas Register April 12, 2019, 44 TexReg 1883; amended to be effective February 24, 2022, 47 TexReg 787.