Texas Administrative Code
Title 26 - HEALTH AND HUMAN SERVICES
Part 1 - HEALTH AND HUMAN SERVICES COMMISSION
Chapter 301 - LOCAL AUTHORITY RESPONSIBILITIES
Subchapter G - MENTAL HEALTH COMMUNITY SERVICES STANDARDS
Division 2 - ORGANIZATIONAL STANDARDS
Section 301.323 - Environment of Care and Safety
Universal Citation: 26 TX Admin Code § 301.323
Current through Reg. 50, No. 13; March 28, 2025
(a) Safe environment. The LMHA, MCO, and provider must:
(1) ensure service delivery sites (including,
but not limited to, facilities and vehicles) are safe, sanitary, and free from
hazards, including but not limited to:
(A)
hand washing facilities and supplies in restrooms and in areas where staff have
routine physical contact with individuals (e.g., exam rooms, medication areas,
laboratories);
(B) a utility area
with necessary equipment for the safe and required cleaning or disposal of
instruments, equipment, and sharps;
(C) locked areas for storing drugs, needles,
syringes, hazardous materials, other potentially dangerous equipment, and toxic
chemical products; and
(D) adequate
prevention of exposure to tobacco smoke and other environmental
pollutants.
(2) ensure
delivery sites are prepared to manage onsite life threatening emergencies, and
that each site will have:
(A) a written plan
for the management of onsite medical emergencies requiring ambulance services,
hospitalization, or hospital treatment;
(B) emergency resuscitative drugs, supplies,
and equipment appropriate to the needs of individuals and staff
qualifications;
(C) written
protocols and instructions for disasters and other emergencies; and
(D) documented disaster drills appropriate
for local conditions.
(3) comply with the most current edition of
the National Fire Protection Association's Life Safety Code, and related codes,
standards, and other applicable requirements;
(4) implement an infection control plan and
procedures for group residential services, clinics, and other areas where a
high volume of people congregate, that address the prevention, education,
management, and monitoring of significant infections. Components addressed in
the plan must include:
(A) prevention and
management of infection in the service delivery site(s);
(B) reporting of reportable diseases as
required by Chapter 97, Subchapter A of Title 25 (relating to Control of
Communicable Diseases);
(C)
compliance with the Human Immunodeficiency Virus Services Act (Texas Health and
Safety Code, §
85.001 et
seq.), the Communicable Disease Prevention and Control Act (Texas Health and
Safety Code, §
81.001 et
seq.), and other applicable laws (e.g., the Americans with Disabilities Act of
1990,
42 U.S.C. §
12101 et seq.; and the Rehabilitation Act of
1973,
29 U.S.C. §
701 et seq.);
(D) identification of illnesses and
conditions for which an individual's participation in mental health community
services is safely allowed;
(E)
identification of illnesses and conditions for which an individual's
participation in mental health community services is restricted and the
procedures for minimizing exposure and facilitating an individual's transfer to
a more appropriate setting;
(5) implement safeguards regarding hazardous
equipment and weather; and
(6)
implement procedures for the disposal of biohazardous wastes that minimize the
risks of contamination, injury, and disease transmission.
(b) Sufficient staff. The provider must have sufficient number of qualified and competent staff members on duty to ensure the safety of individuals and adequacy of mental health community services, including responding to crises during the provision of mental health community services.
(c) Compliance with state and federal law. The provider must comply with all applicable state and federal law and regulations, including those relating to:
(1) blood borne pathogens;
(2) food borne pathogen exposure controls;
and
(3) tuberculosis exposure
controls.
(d) Limited use of restraint or seclusion.
(1) Restraint.
In outpatient settings, a provider may only use restraint if the intervention
is:
(A) necessary to address a behavioral
health emergency, as defined in Chapter 415, Subchapter F of Title 25 (relating
to Interventions in Mental Health Programs); and
(B) performed according to the department's
rules described in Chapter 415, Subchapter F of Title 25.
(2) Seclusion. Seclusion is prohibited in
outpatient settings with the exception of partial hospitalization programs for
children or adolescents. A provider may only use seclusion in those programs if
the conditions in paragraph (1)(A) - (B) of this subsection are met.
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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