Texas Administrative Code
Title 25 - HEALTH SERVICES
Part 1 - DEPARTMENT OF STATE HEALTH SERVICES
Chapter 415 - PROVIDER CLINICAL RESPONSIBILITIES-MENTAL HEALTH SERVICES
Subchapter F - INTERVENTIONS IN MENTAL HEALTH SERVICES
Section 415.260 - Initiation of Restraint or Seclusion in a Behavioral Emergency
Universal Citation: 25 TX Admin Code ยง 415.260
Current through Reg. 49, No. 38; September 20, 2024
(a) Initiation.
(1) Only staff authorized by the facility's
policies and procedures and who have met the training requirements of §
415.257 of
this title (relating to Staff Member Training) and demonstrated competency in
the facility's restraint and seclusion training program, may initiate personal
restraint in a behavioral emergency.
(2) Only a physician, registered nurse, or
physician assistant in accordance with a physician's delegated authority, may
initiate mechanical restraint or seclusion.
(b) Physician's order. Only a physician member of the facility's medical staff may order restraint or seclusion.
(1) The physician's order for restraint or
seclusion shall:
(A) designate the specific
intervention and procedures authorized, including any specific measures for
ensuring the individual's safety, health, and well-being;
(B) specify the date, time of day, and
maximum length of time the intervention and procedures may be used, consistent
with the time limitations provided for under §
415.261
of this title (relating to Time Limitation on an Order for Restraint or
Seclusion Initiated in Response to a Behavioral Emergency);
(C) describe the specific behaviors which
constituted the behavioral emergency which resulted in the need for restraint
or seclusion;
(D) be signed and
dated, including the time of the order, by the physician or the registered
nurse who accepted the prescribing physician's telephone order.
(2) If restraint or seclusion was
ordered by telephone, the ordering physician shall personally sign and date the
telephone order, including the time of the order, within 48 hours of the time
the order was originally issued.
(3) If the physician who ordered the
intervention is not the treating physician, the physician ordering the
intervention shall consult with the treating physician or physician designee as
soon as possible. The physician who ordered the intervention shall document the
consultation in the individual's medical record.
(c) Face-to-face evaluation. A physician, physician assistant as provided in paragraph (3) of this subsection, or a registered nurse who is trained and has demonstrated competence in assessing medical and psychiatric stability, other than the registered nurse who initiated the use of restraint or seclusion, shall conduct a face-to-face evaluation of the individual within one hour following the initiation of restraint or seclusion to personally verify the need for restraint or seclusion.
(1) The face-to-face evaluation
required by this subsection includes, but is not limited to, an assessment of
the:
(A) individual's immediate
situation;
(B) individual's
reaction to the restraint or seclusion;
(C) individual's medical and behavioral
condition; and
(D) need to continue
or terminate the restraint or seclusion.
(2) The Waco Center for Youth, a facility
accredited as a residential treatment program, a physician or a registered
nurse who is trained and has demonstrated competence to assess medical and
psychiatric stability other than the registered nurse who initiated the use of
restraint or seclusion shall conduct the face-to-face evaluation within two
hours following the initiation of restraint or seclusion unless the individual
is released prior to the expiration of the original order. If the individual is
released prior to the expiration of the original order, the physician or
registered nurse, shall conduct the face-to-face evaluation within 24
hours.
(3) A physician may delegate
the face-to-face evaluation to a physician assistant who is:
(A) privileged to practice in the facility or
that portion of the facility to which this subchapter applies; and
(B) under the clinical supervision of a
physician appointed by the facility's medical staff and privileged to practice
in the facility or that portion of the facility.
(4) If a physician assistant to whom the
physician has delegated the face-to-face evaluation or a registered nurse who
has conducted the face-to-face evaluation, in his or her professional judgment
determines that the physician should evaluate the individual due to
circumstances that are outside the physician assistant's or registered nurse's
scope of practice or expertise, the physician assistant or registered nurse
shall contact a physician and request that the physician perform a face-to-face
evaluation of the individual. The physician assistant or registered nurse shall
document the determination in the individual's medical record.
(5) If the face-to-face evaluation is
conducted by a registered nurse or physician assistant, the registered nurse or
physician assistant shall consult the treating physician or physician designee
who is responsible for the care of the individual as soon as possible after the
completion of the one hour face-to-face evaluation and document the
consultation in the individual's medical record.
Disclaimer: These regulations may not be the most recent version. Texas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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