Sec. 242.851. ENFORCEMENT. (a) The department may impose appropriate sanctions under this chapter on an administrator of an institution who knowingly:
(1) refuses to permit a resident or the resident's guardian or legal representative to conduct authorized electronic monitoring;
(2) refuses to admit an individual to residency or allows the removal of a resident from the institution because of a request to conduct authorized electronic monitoring;
(3) allows the removal of a resident from the institution because covert electronic monitoring is being conducted by or on behalf of the resident; or
(4) violates another provision of this subchapter.
(b) The department may assess an administrative penalty under Section 242.066 against an institution that:
(1) refuses to permit a resident or the resident's guardian or legal representative to conduct authorized electronic monitoring;
(2) refuses to admit an individual to residency or allows the removal of a resident from the institution because of a request to conduct authorized electronic monitoring;
(3) allows the removal of a resident from the institution because covert electronic monitoring is being conducted by or on behalf of the resident; or
(4) violates another provision of this subchapter.
Added by Acts 2001, 77th Leg., ch. 1224, Sec. 1, eff. June 15, 2001.
Structure Texas Statutes
Subtitle B - Licensing of Health Facilities
Chapter 242 - Convalescent and Nursing Facilities and Related Institutions
Subchapter R. Electronic Monitoring of Resident's Room
Section 242.842. Criminal and Civil Liability
Section 242.843. Covert Use of Electronic Monitoring Device; Liability of Department or Institution
Section 242.844. Required Form on Admission
Section 242.845. Authorized Electronic Monitoring: Who May Request
Section 242.847. Authorized Electronic Monitoring: General Provisions
Section 242.848. Reporting Abuse and Neglect
Section 242.849. Use of Tape or Recording by Agency or Court