Texas Health and Safety Code 242.844 – Required Form On Admission
Terms Used In Texas Health and Safety Code 242.844
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Rule: includes regulation. See Texas Government Code 311.005
- Signed: includes any symbol executed or adopted by a person with present intention to authenticate a writing. See Texas Government Code 311.005
The executive commissioner by rule shall prescribe a form that must be completed and signed on a resident’s admission to an institution by or on behalf of the resident. The form must state:
(1) that a person who places an electronic monitoring device in the room of a resident or who uses or discloses a tape or other recording made by the device may be civilly liable for any unlawful violation of the privacy rights of another;
(2) that a person who covertly places an electronic monitoring device in the room of a resident or who consents to or acquiesces in the covert placement of the device in the room of a resident has waived any privacy right the person may have had in connection with images or sounds that may be acquired by the device;
(3) that a resident or the resident’s guardian or legal representative is entitled to conduct authorized electronic monitoring under Subchapter R, Chapter 242, Health and Safety Code, and that if the institution refuses to permit the electronic monitoring or fails to make reasonable physical accommodations for the authorized electronic monitoring that the person should contact the Department of Aging and Disability Services;
(4) the basic procedures that must be followed to request authorized electronic monitoring;
(5) the manner in which this chapter affects the legal requirement to report abuse or neglect when electronic monitoring is being conducted; and
(6) any other information regarding covert or authorized electronic monitoring that the executive commissioner considers advisable to include on the form.