Texas Administrative Code
Title 26 - HEALTH AND HUMAN SERVICES
Part 1 - HEALTH AND HUMAN SERVICES COMMISSION
Chapter 711 - INVESTIGATIONS OF INDIVIDUALS RECEIVING SERVICES FROM CERTAIN PROVIDERS
Subchapter A - INTRODUCTION
Section 711.23 - What is not considered abuse, neglect, or exploitation?
Universal Citation: 26 TX Admin Code ยง 711.23
Current through Reg. 49, No. 38; September 20, 2024
Abuse, neglect, and exploitation do not include the following:
(1) the proper use of restraints and seclusion, including Prevention and Management of Aggressive Behavior (PMAB), and the approved application of behavior modification techniques as described in:
(A) 25 TAC
Chapter 415, Subchapter F (relating to Interventions in Mental Health
Programs);
(B) 25 TAC Chapter 404,
Subchapter E (relating to Rights of Persons Receiving Mental Health
Services);
(C) 40 TAC Chapter 3,
Subchapter F (relating to Restraints);
(D) 40 TAC Chapter 90, Subchapter C (relating
to Standards for Licensure);
(E) 40
TAC Chapter 2, Subchapter G (relating to Role and Responsibilities of a Local
Authority);
(F) 40 TAC Chapter 9,
Subchapter D (relating to Home and Community-based Services (HCS) Program and
Community First Choice (CFC));
(G)
40 TAC Chapter 9, Subchapter N (relating to Texas Home Living (TxHmL) Program
and Community First Choice (CFC));
(H) 26 TAC Chapter 558, Subchapter H
(Standards Specific to Agencies Licensed to Provide Hospice
Services);
(I) 40 TAC Chapter 42,
Subchapter D (relating to Additional Program Provider Provisions);
(J) 1 TAC Chapter 353, Subchapter C (Member
Bill of Rights); and
(K) 40 TAC
Chapter 45, Subchapter H (relating to Additional DSA Requirements).
(2) actions taken in accordance with the rules of DADS, DSHS, or HHSC; or
(3) actions that a direct provider may reasonably believe to be immediately necessary to avoid imminent harm to self, individuals receiving services, or other individuals provided the actions are limited only to those actions reasonably believed to be necessary under the existing circumstances.
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