The Health and Human Services Commission's Office of Inspector General will now investigate allegations of sexual and serious physical abuse at all 10 of the state's psychiatric hospitals, said commission spokeswoman Stephanie Goodman. The office will help develop criminal cases against suspected abusers — something that is missing from the state's current investigation process.
"I think it's an added protection for patients," Goodman said. "It's another set of eyes for the review."
The Office of Inspector General already performs such reviews at the state supported living centers, which house 3,800 people across the state with intellectual disabilities. The additional level of scrutiny there was added as part of a package of reforms passed in 2009, following reports that employees at the Corpus Christi living center had been arranging late-night fights among disabled residents.
In fiscal years 2010 and 2011, the investigators looked at a total of almost 2,200 cases at the schools. Of those, 313 were referred to the local district attorneys for prosecution.
"We think that model has worked really well, so we want to replicate that on the state hospital side," Goodman said.
Until now, the state hasn't approached its serious abuse allegations at the hospitals strictly from a criminal case perspective. Although the Department of Family and Protective Services, which is charged with investigating allegations of abuse in state hospitals, refers potential criminal cases to local law enforcement agencies, its primary focus is "quality of care issues," Goodman said.
The Office of Inspector General expects to review 700 to 1,000 hospital cases per year, she added. The state will hire six additional investigators to help with the work.
A spokesman for the Department of Family and Protective Services, which investigated 2,079 cases of abuse at the state hospitals last year, said the agency welcomed the additional help.
"We think it is a positive development," Patrick Crimmins said.
The change was instigated by the case of Dr. Charles Fischer, a former child psychiatrist at Austin State Hospital who was suspended in October after the Department of Family and Protective Services confirmed he had sexually abused two teen patients in his care. A "confirmation" means that investigators have determined that a preponderance of evidence indicates there is reason to believe the purported abuse occurred.
Fischer, 59, has not been criminally charged. He is currently under investigation by law enforcement agencies including the Austin Police Department. In mid-November, the American-Statesman revealed that Fischer had been fired from the hospital, and he has had his medical license suspended. Fischer's attorney has said he is appealing both actions.
Fischer had been investigated multiple times by Protective Services over the years, but the agency never confirmed any of those allegations.
According to the Texas Medical Board, Fischer had been accused of sexually abusing patients at least nine times.
Protective Services will continue reviewing abuse complaints generated at the hospitals. But the Office of Inspector General will simultaneously conduct its own investigations, determining whether criminal activity occurred, collecting evidence and assessing the possibility for prosecution, Goodman said. It will also work closely with local law enforcement officers throughout the process.
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source: The Statesmen (Ball & Dexhelmer, 4/6)
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