Nursing Home/Care Facility Abuse Statutes

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These are the statutes regarding nursing home/care home abuse. These are

not covered in the Human Resources Code. It applies to any resident of

these homes. Failure to report abuse/neglect immediately is a Class A

misdeamenaor.

Penal Code

Sec. 12.21. Class A Misdemeanor.

An individual adjudged guilty of a Class A misdemeanor shall be

punished by:

(1) a fine not to exceed $4,000;

(2) confinement in jail for a term not to exceed one year; or

(3) both such fine and confinement.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.

Amended by Acts 1991, 72nd Leg., ch. 108, Sec. 1, eff. Sept. 1,

1991; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1,

1994.

HEALTH & SAFETY CODE

CHAPTER 242

SUBCHAPTER E. REPORTS OF ABUSE AND NEGLECT

Sec. 242.121. Definition.

In this subchapter, " designated agency " means an agency

designated by a court to be responsible for the protection of a

resident who is the subject of a report of abuse or neglect.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 242.122. Reporting of Abuse and Neglect.

(a) A person, including an owner or employee of an institution,

who has cause to believe that the physical or mental health or

welfare of a resident has been or may be adversely affected by

abuse or neglect caused by another person shall report the abuse

or neglect in accordance with this subchapter.

( Each institution shall require each employee of the

institution, as a condition of employment with the institution,

to sign a statement that the employee realizes that the employee

may be criminally liable for failure to report those abuses.

© A person shall make an oral report immediately on learning

of the abuse or neglect and shall make a written report to the

same agency not later than the fifth day after the oral report is

made.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 242.1225. Additional Reporting Requirement.

(a) The board shall adopt rules requiring any person required

to report abuse or neglect under Section 242.122 to report other

conduct or conditions specified by the rules. The rules must

require reporting of conduct or conditions resulting in

exploitation of residents and accidental injury to or

hospitalization of residents.

( A report made under this section must be made in the manner

specified by board rule.

Added by Acts 1997, 75th Leg., ch. 1159, Sec. 1.22, eff. Sept. 1,

1997.

Sec. 242.123. Contents of Report.

(a) A report of abuse or neglect is nonaccusatory and reflects

the reporting person's belief that a resident has been or will be

abused or neglected or has died of abuse or neglect.

( The report must contain:

(1) the name and address of the resident;

(2) the name and address of the person responsible

for the

care of the resident, if available; and

(3) other relevant information.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 242.125. Processing of Reports.

(a) A report of abuse or neglect shall be made to the

department or a local or state law enforcement agency.

( A local or state law enforcement agency that receives a

report of abuse or neglect shall refer the report to the

department or the designated agency.

Sec. 242.131. Failure to Report; Criminal Penalty.

(a) A person commits an offense if the person has cause to

believe that a resident's physical or mental health or welfare

has been or may be further adversely affected by abuse or neglect

and knowingly fails to report in accordance with Section 242.122.

( An offense under this section is a Class A misdemeanor.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.