Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 511 - LIMITED SERVICES RURAL HOSPITALS › Subchapter C - OPERATIONAL REQUIREMENTS › Section 511.48 - Abuse and Neglect Issues

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  limited services rural hospital (LSRH) shall report to the Texas Health and
				  Human Services Commission (HHSC) incidents of abuse, neglect, exploitation, or
				  illegal, unethical, or unprofessional conduct as those terms are defined in
				  subsection (b) of this section.
(b)
				  The following definitions apply only to this subsection.
(1) Abuse of a child--includes the following
				  acts or omissions by any person:
(A) mental or
				  emotional injury to a child that results in an observable and material
				  impairment in the child's growth, development, or psychological
				  functioning;
(B) causing or
				  permitting the child to be in a situation in which the child sustains a mental
				  or emotional injury that results in an observable and material impairment in
				  the child's growth, development, or psychological functioning;
(C) physical injury that results in
				  substantial harm to the child, or the genuine threat of substantial harm from
				  physical injury to the child, including an injury that is at variance with the
				  history or explanation given and excluding an accident (an unforeseen event
				  that causes or threatens physical injury despite prudent efforts to avoid the
				  risk of injury) or reasonable discipline (correction of behavior that does not
				  result in or risk substantial harm from physical injury) by a parent, guardian,
				  or managing or possessory conservator that does not expose the child to a
				  substantial risk of harm;
(D)
				  failure to make a reasonable effort to prevent an action (effort that an
				  ordinary and prudent person would take to stop an action from occurring) by
				  another person that results in physical injury that results in substantial harm
				  to the child;
(E) sexual conduct
				  harmful to a child's mental, emotional, or physical welfare;
(F) failure to make a reasonable effort to
				  prevent sexual conduct harmful to a child;
(G) compelling or encouraging the child to
				  engage in sexual conduct as defined by the Texas Penal Code §
												43.01 (this is met whether
				  the child actually engages in sexual conduct or simply faces a substantial risk
				  of doing so);
(H) causing,
				  permitting, encouraging, engaging in, or allowing the photographing, filming,
				  or depicting of the child if the person knew or should have known that the
				  resulting photograph, film, or depiction of the child is obscene (as defined by
				  the Texas Penal Code) or pornographic (this is met whether or not the child
				  voluntarily participates);
(I) the
				  current use by a person of a controlled substance as defined by the Texas
				  Health and Safety Code (HSC) Chapter 481, in a manner or to the extent that the
				  use results in physical, mental, or emotional injury to a child; or
(J) causing, expressly permitting, or
				  encouraging a child to use a controlled substance as defined by HSC Chapter
				  481.