Texas Administrative Code
Title 26 - HEALTH AND HUMAN SERVICES
Part 1 - HEALTH AND HUMAN SERVICES COMMISSION
Chapter 260 - DEAF BLIND WITH MULTIPLE DISABILITIES (DBMD) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES
Subchapter D - ADDITIONAL PROGRAM PROVIDER PROVISIONS
Section 260.215 - Protective Devices
Universal Citation: 26 TX Admin Code ยง 260.215
Current through Reg. 49, No. 38; September 20, 2024
(a) A protective device is a restrictive intervention that a program provider may use in accordance with this section.
(b) A program provider must not use a protective device to modify or control an individual's behavior, for disciplinary purposes, for convenience, or as a substitute for an effective, less restrictive method.
(c) Before a program provider uses a protective device, the program provider must:
(1) have an RN conduct an assessment of the
individual's needs;
(2) consider
less restrictive methods that, if effective, would accomplish the purpose of
the protective device;
(3) document
in the individual's record the reasons why less restrictive methods would not
be effective;
(4) obtain and retain
in the individual's record written consent of the individual or LAR to use a
protective device;
(5) provide oral
and written notification to the individual or LAR of the right at any time to
withdraw consent for the use of the protective device;
(6) have an RN, with input from the
individual, the individual's LAR, the individual's service planning team, and
other professional personnel, develop a written service plan, which may be part
of the individual's plan of care as defined in §
558.2 of this title (relating to
Definitions), signed by a physician, that describes:
(A) the type of device and the circumstances
under which it may be used;
(B) how
to use the protective device and any contraindications specific to the
individual;
(C) how and when to
document the use of the protective device;
(D) how to monitor the protective device;
and
(E) when and whom the program
staff must notify of the use of a protective device;
(7) ensure the service planning team reviews
and approves the written service plan;
(8) ensure that each service provider who
will use a protective device has been trained in the proper use of the
protective device; and
(9) ensure
the training is documented in the service provider's record.
(d) A program provider that uses a protective device must:
(1) document in the
individual's record any use of the protective device in accordance with the
written service plan;
(2) ensure
that an RN, with input from the individual's service planning team and other
professional personnel, at least annually, and when the individual's needs
change:
(A) evaluates and documents in the
individual's record the effects of the protective device on the individual's
health and welfare; and
(B) reviews
the use of a protective device to determine its effectiveness and the need to
continue the protective device; and
(3) ensure that an RN, in accordance with
subsection (c)(6) of this section, revises the service plan when the
individual's service planning team and physician determine that a protective
device is not effective or needed.
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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