(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 § 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.

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Terms Used In Texas Health and Safety Code 242.851

  • 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.