Texas Administrative Code
Title 40 - SOCIAL SERVICES AND ASSISTANCE
Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES
Chapter 5 - PROVIDER CLINICAL RESPONSIBILITIES-INTELLECTUAL DISABILITY SERVICES
Subchapter I - BEHAVIOR THERAPY IN STATE FACILITIES
Section 5.404 - General Provisions
Universal Citation: 40 TX Admin Code ยง 5.404
Current through Reg. 49, No. 38; September 20, 2024
(a) Each state MR facility must have and implement written policies and procedures concerning behavior therapy that:
(1) do not conflict
with this subchapter or
42
CFR §483.450(b),
concerning the management of inappropriate behavior;
(2) emphasize the department's commitment to:
(A) providing treatment and habilitation to
an individual that is:
(i) the least
restrictive, least intrusive, and most effective alternative available;
and
(ii) supportive and positive;
and
(B) reducing the
necessity for the use of highly restrictive procedures or other restrictions of
the rights and privileges of an individual in behavior therapy
programs;
(3) describe
the process to be followed for obtaining, as appropriate, legally adequate
consent from an individual, consent from an individual's LAR, or authorization
from the head of the state MR facility before implementing a behavior therapy
program or a functional analysis that requires a written protocol;
and
(4) detail the training and
demonstration of competence requirements for state MR facility staff.
(b) The standards in this subchapter take precedence over other applicable standards, including the Conditions of Participation for Intermediate Care Facilities for Persons with Mental Retardation (42 CFR §§483.410 - 483.480 et. seq.), whenever the other applicable standards are less prescriptive.
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