reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter J - CHILD CARE › Division 8 - ADDITIONAL REQUIREMENTS FOR INFANT CARE › Section 748.1749 - What furnishings and equipment must I have in my infant care area?

Current through Reg. 49, No. 28; July 12, 2024
Your infant care area must at a minimum include the
						following furnishings and equipment:
(1) An individual crib for each infant;
					 and
(2) A sufficient number of toys
					 to keep each child engaged in activities.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter J - CHILD CARE › Division 8 - ADDITIONAL REQUIREMENTS FOR INFANT CARE › Section 748.1751 - What specific safety requirements must my cribs meet?

Current through Reg. 49, No. 28; July 12, 2024
(a) All cribs must have:
(1) A firm, flat mattress that snugly fits
					 the sides of the crib. The mattress must not be supplemented with additional
					 foam material or pads;
(2) Sheets
					 that fit snugly and do not present an entanglement hazard;
(3) A mattress that is waterproof or
					 washable;
(4) Secure mattress
					 support hangers, and no loose hardware or improperly installed or damaged
					 parts;
(5) A maximum of 2 3/8
					 inches between crib slats or poles;
(6) No corner posts over 1/16 inch above the
					 end panels;
(7) No cutout areas in
					 the headboard or footboard that would entrap a child's head or body;
(8) Drop gates, if present, which fasten
					 securely and cannot be opened by a child; and
(9) Documentation that each crib meets the
					 applicable federal rules at Title 16, Code of Federal Regulations, Parts 1219
					 or 1220, concerning "Safety Standards for Full-Size Baby Cribs" and "Safety
					 Standards for Non-Full-Size Baby Cribs," respectively, or documentation that
					 each crib is a medical device listed and registered with the U.S. Food and Drug
					 Administration.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter J - CHILD CARE › Division 8 - ADDITIONAL REQUIREMENTS FOR INFANT CARE › Section 748.1753 - Are play yards allowed?

Current through Reg. 49, No. 28; July 12, 2024
(a) Play
					 yards, which are mesh or fabric sided cribs, are allowed if they meet the
					 following safety requirements:
(1) The play
					 yards must be used according to the manufacturer's instructions, including the
					 cleaning of the cribs;
(2) Play
					 yards must have:
(A) A firm, flat mattress
					 that snugly fits the sides of the crib and that is designed for the crib. The
					 mattress must not be supplemented with additional foam material or
					 pads;
(B) Sheets that fit snugly
					 and do not present an entanglement hazard;
(C) A mattress that is waterproof or
					 washable;
(D) Secure mattress
					 support hangers, and no loose hardware or improperly installed or damaged
					 parts;
(E) A minimum height of 22
					 inches from the top of the railing to the mattress support at its lowest
					 level;
(F) Folded sides that
					 securely latch in place when raised;
(G) For mesh cribs, mesh openings that are
					 1/4 inch or less; and
(H) Mesh or
					 fabric that is securely attached to the top rail, side rail, and floor plate;
					 and
(3) You must never
					 leave an infant in a play yard with a side folded down.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter J - CHILD CARE › Division 8 - ADDITIONAL REQUIREMENTS FOR INFANT CARE › Section 748.1755 - What equipment must have safety straps before I can use it with an infant?

Current through Reg. 49, No. 28; July 12, 2024
If you use a high chair, swing, stroller, infant carrier,
						rocker, bouncer seat, or a similar type of equipment for an infant:
(1) It must be equipped with safety straps;
					 and
(2) The safety straps must be
					 fastened whenever the infant is using the equipment.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter J - CHILD CARE › Division 8 - ADDITIONAL REQUIREMENTS FOR INFANT CARE › Section 748.1757 - What types of equipment are not allowed for use with infants?

Current through Reg. 49, No. 28; July 12, 2024
(a) You may not use any of the following
					 types of equipment with infants:
(1) Baby
					 walkers;
(2) Baby doorway
					 jumpers;
(3) Accordion safety
					 gates;
(4) Toys that are not large
					 enough to prevent swallowing or choking; and
(5) Bean bags, waterbeds, and foam pads for
					 use as sleeping equipment.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter J - CHILD CARE › Division 8 - ADDITIONAL REQUIREMENTS FOR INFANT CARE › Section 748.1759 - What activities must I provide for infants?

Current through Reg. 49, No. 28; July 12, 2024
You must provide the following activities for an
						infant:
(1) Multiple opportunities each
					 day to explore in a safe and clean area that is outside of the crib or
					 restrictive device;
(2)
					 Opportunities for visual, auditory, and sensory stimulation;
(3) Opportunities for small- and large-muscle
					 development; and
(4) A supervised
					 nap period that allows the infant to maintain the child's own pattern of
					 sleeping and waking.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter J - CHILD CARE › Division 8 - ADDITIONAL REQUIREMENTS FOR INFANT CARE › Section 748.1761 - How long may an infant remain in a crib after awakening?

Current through Reg. 49, No. 28; July 12, 2024
An infant may remain in the crib for up to 30 minutes
						after awakening, as long as the infant is content and
						responsive.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter J - CHILD CARE › Division 8 - ADDITIONAL REQUIREMENTS FOR INFANT CARE › Section 748.1763 - What are the specific sleeping requirements for infants?

Current through Reg. 49, No. 28; July 12, 2024
(a) You must place an infant not yet able to
					 turn over on his own in a face-up sleeping position unless a health-care
					 professional orders otherwise. You must keep any orders from a health-care
					 professional in the child's record.
(b) An infant's head, face, or crib must not
					 be covered at any time by an item such as a blanket, linen, or
					 clothing.
(c) An infant may not
					 sleep in a prone position with a sleeping adult at any time, including in the
					 adult's bed, on a couch, etc.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter J - CHILD CARE › Division 8 - ADDITIONAL REQUIREMENTS FOR INFANT CARE › Section 748.1765 - May I allow infants to sleep in a restrictive device?

Current through Reg. 49, No. 28; July 12, 2024
No. You may not allow an infant to sleep in a restrictive
						device. If an infant falls asleep in a restrictive device, the infant should be
						removed from the device and placed in a crib as soon as
						possible.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter J - CHILD CARE › Division 8 - ADDITIONAL REQUIREMENTS FOR INFANT CARE › Section 748.1767 - May I swaddle an infant to help the infant sleep?

Current through Reg. 49, No. 28; July 12, 2024
You may not lay a swaddled infant down to sleep or to
						rest on any surface at any time, unless you have an order signed by a
						health-care professional. You must keep the order in the child's
						record.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter J - CHILD CARE › Division 9 - ADDITIONAL REQUIREMENTS FOR TODDLER CARE › Section 748.1791 - What are the basic care requirements for a toddler?

Current through Reg. 49, No. 28; July 12, 2024
(a) Each toddler must receive individual
					 attention, including playing, talking, and cuddling.
(b) A toddler's caregiver must ensure that
					 the environment is safe. For example, the caregiver must free the area of
					 objects that may choke or harm the toddler, take measures to prevent electric
					 shock, free the area of furniture that is in disrepair or unstable, and allow
					 no unsupervised access to water to prevent the risk of drowning.
(c) A toddler's caregiver must never leave
					 the toddler unsupervised. A sleeping toddler is considered supervised if the
					 caregiver is within eyesight or hearing range of the toddler and can intervene
					 as needed, or if the caregiver uses a video camera or audio monitoring device
					 to monitor the toddler and is close enough to the toddler to intervene as
					 needed.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter J - CHILD CARE › Division 9 - ADDITIONAL REQUIREMENTS FOR TODDLER CARE › Section 748.1793 - What furnishings and equipment must I provide for toddlers?

Current through Reg. 49, No. 28; July 12, 2024
Furnishings and equipment for toddlers must at a minimum
						include the following:
(1)
					 Age-appropriate seating, tables, and nap and sleep equipment. Toddlers may use
					 cribs or beds, as appropriate;
(2)
					 Enough popular items available, so a toddler is not forced to compete for them;
					 and
(3) Containers or low shelving
					 that are accessible to toddlers, so toddlers can safely obtain the items
					 without adult intervention.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter J - CHILD CARE › Division 9 - ADDITIONAL REQUIREMENTS FOR TODDLER CARE › Section 748.1795 - What activities must I provide for toddlers?

Current through Reg. 49, No. 28; July 12, 2024
You must provide the following activities for a
						toddler:
(1) Daily opportunities for
					 outdoor play, when weather permits;
(2) Opportunities for thinking skills and
					 sensory development;
(3)
					 Opportunities for small and large-muscle development;
(4) Opportunities for language
					 development;
(5) Opportunities for
					 social/emotional development;
(6)
					 Opportunities to develop self-help skills such as toileting, hand washing, and
					 feeding; and
(7) Supervised
					 naptimes. You must provide a supervised sleep or rest period after the noon
					 meal for all toddlers.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter J - CHILD CARE › Division 10 - ADDITIONAL REQUIREMENTS FOR PREGNANT AND PARENTING CHILDREN › Section 748.1821 - What information must I provide a pregnant child regarding her pregnancy?

Current through Reg. 49, No. 28; July 12, 2024
You must:
(1)
					 Ensure information, training, and counseling is available regarding health
					 aspects of pregnancy, preparation for child birth, and recovery from child
					 birth;
(2) Ensure the pregnant
					 child receives nutritional counseling and guidance that meets generally
					 accepted standards, including nutrition during pregnancy, lactation, and foods
					 to avoid; and
(3) Inform the child,
					 within seven days of admission or upon learning of the pregnancy, of her right
					 to be free from pressure to get an abortion, relinquish her child for adoption,
					 or to parent her child.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter J - CHILD CARE › Division 10 - ADDITIONAL REQUIREMENTS FOR PREGNANT AND PARENTING CHILDREN › Section 748.1823 - Is the use of emergency behavior intervention of a pregnant child permitted in my operation?

Current through Reg. 49, No. 28; July 12, 2024
If your policies allow for the use of personal restraints
						on a pregnant child:
(1) The
					 health-care professional attending to the child's pregnancy must document
					 whether any type of emergency behavior intervention that your policies allow is
					 inadvisable; and
(2) You may not
					 use any emergency behavior intervention that the child's health-care
					 professional attending to her pregnancy finds inadvisable.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter J - CHILD CARE › Division 10 - ADDITIONAL REQUIREMENTS FOR PREGNANT AND PARENTING CHILDREN › Section 748.1825 - If my policies permit the admission of adolescent parents with their child(ren), who is responsible for the care of the adolescent's child(ren)?

Current through Reg. 49, No. 28; July 12, 2024
If your policies permit the admission of adolescent
						parents with their child(ren):
(1) An
					 adolescent parent must provide most of the care for her child;
(2) Caregivers must be available to the
					 adolescent parent as a resource and support; and
(3) When you care for an adolescent's child
					 in the adolescent parent's absence, you are responsible for that child as if
					 the child is in your care.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter K - OPERATIONS THAT PROVIDE CARE FOR CHILDREN AND ADULTS › Division 1 - SCOPE › Section 748.1901 - What operations do the rules in this subchapter apply to?

Current through Reg. 49, No. 28; July 12, 2024
The rules in this subchapter apply to operations that
						provide care for both children and adults.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter K - OPERATIONS THAT PROVIDE CARE FOR CHILDREN AND ADULTS › Division 2 - GENERAL REQUIREMENTS › Section 748.1931 - After a child in my care turns 18 years old, may the person remain in my care?

Current through Reg. 49, No. 28; July 12, 2024
(a) A young adult may
					 remain in your care until his 23rd birthday in order to:
(1) Transition to independence, including
					 attending college or vocational or technical training;
(2) Attend high school, a program leading to
					 a high school diploma, or GED classes;
(3) Complete your program; or
(4) Stay with a minor sibling.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter K - OPERATIONS THAT PROVIDE CARE FOR CHILDREN AND ADULTS › Division 2 - GENERAL REQUIREMENTS › Section 748.1933 - May I admit a young adult into care?

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 You may admit a young adult into your transitional living program.
(b) For other programs or services, the young
					 adult must:
(1) Come immediately from another
					 residential child-care operation if the reason for admittance is consistent
					 with a condition listed in § 748.1931 of Title 40 (relating to After a
					 child in my care turns 18 years old, may the person remain in my care?);
					 or
(2) Be in the care of the Texas
					 Department of Family and Protective Services.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter K - OPERATIONS THAT PROVIDE CARE FOR CHILDREN AND ADULTS › Division 2 - GENERAL REQUIREMENTS › Section 748.1935 - How does the child/caregiver ratio apply if I provide care to both children and adults?

Current through Reg. 49, No. 28; July 12, 2024
(a) If you provide care
					 to both children and adults, you may maintain the required child/caregiver
					 ratio by:
(1) Counting all residents in your
					 care as children and maintaining the appropriate ratio; or
(2) Assigning caregivers to work exclusively
					 with the children in care.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter K - OPERATIONS THAT PROVIDE CARE FOR CHILDREN AND ADULTS › Division 2 - GENERAL REQUIREMENTS › Section 748.1937 - May an adult in care share a bedroom with a child in care?

Current through Reg. 49, No. 28; July 12, 2024
(a) An adult in care may share a bedroom with
					 a child in care if:
(1) The adult and child
					 are siblings;
(2) The adult is the
					 child's parent;
(3) Both of them
					 are non-ambulatory and receive treatment services for primary medical needs;
					 or
(4) The child is at least 16
					 years old, the age difference between them does not exceed 24 months, and the
					 adult meets the requirements of:
(A)
													§748.1931 of this division (relating to After a child in my care turns 18
					 years old, may the person remain in my care?); or
(B)
													§748.1933 of this division (relating
					 to May I admit a young adult into care?).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter K - OPERATIONS THAT PROVIDE CARE FOR CHILDREN AND ADULTS › Division 2 - GENERAL REQUIREMENTS › Section 748.1939 - How much general living space and floor space in a bedroom must I provide for children and young adults who are in my care?

Current through Reg. 49, No. 28; July 12, 2024
For adult residents, you must meet the space requirements
						listed in § 748.3351 of Title 40 (relating to What are the requirements
						for general living space?) and § 748.3357 of Title 40 (relating to What
						are the requirements for floor space in a bedroom used by a
						child?).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter K - OPERATIONS THAT PROVIDE CARE FOR CHILDREN AND ADULTS › Division 2 - GENERAL REQUIREMENTS › Section 748.1941 - What must I do if an adult resident is responsible for his own medication?

Current through Reg. 49, No. 28; July 12, 2024
If an adult resident is responsible for his own
						medication, you must:
(1) Establish
					 written safeguards to prevent children in care from having access to the
					 medications; and
(2) Implement the
					 safeguards.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter K - OPERATIONS THAT PROVIDE CARE FOR CHILDREN AND ADULTS › Division 2 - GENERAL REQUIREMENTS › Section 748.1943 - Must adult residents have a tuberculosis (TB) examination?

Current through Reg. 49, No. 28; July 12, 2024
Yes. You must meet applicable requirements listed in
						§ 748.1583 of Title 40 (relating to Who must have a tuberculosis (TB)
						examination?).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter K - OPERATIONS THAT PROVIDE CARE FOR CHILDREN AND ADULTS › Division 2 - GENERAL REQUIREMENTS › Section 748.1945 - What must I do if an adult resident has a positive tuberculosis test result?

Current through Reg. 49, No. 28; July 12, 2024
You must meet applicable requirements listed in §
						748.1581 of Title 40 (relating to What health precautions must I take if
						someone in my operation has a communicable disease?).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter L - MEDICATION › Division 1 - ADMINISTRATION OF MEDICATION › Section 748.2001 - What consent must I obtain to administer medications?

Current through Reg. 49, No. 28; July 12, 2024
(a) You must obtain a general written consent
					 to administer routine, preventive, and emergency medications.
(b) You must obtain a written, signed, and
					 dated consent, specific to the psychotropic medication to be administered, from
					 the person legally authorized to give medical consent before administering a
					 new psychotropic medication to a child, per § 748.2253 of Title 40
					 (relating to If my operation employs or contracts with a health-care
					 professional who prescribes psychotropic medications to a child in care, what
					 information must I provide the person legally authorized to give consent before
					 requesting his consent for the child to be placed on psychotropic medication?)
					 or § 748.2255 of Title 40 (relating to If my operation does not employ or
					 contract with a health-care professional who prescribes psychotropic
					 medications to a child in care, what information must I provide the person
					 legally authorized to give medical consent prior to the health-care
					 professional prescribing psychotropic medications to a child in
					 care?).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter L - MEDICATION › Division 1 - ADMINISTRATION OF MEDICATION › Section 748.2003 - What are the requirements for administering prescription medication?

Current through Reg. 49, No. 28; July 12, 2024
(a) To the best of your knowledge, you must
					 inform the person legally authorized to give medical consent of the benefits,
					 risks, and side effects of all prescription medication and treatment procedures
					 used and the medical consequences of refusing them, and/or provide the name and
					 telephone number of the prescribing health-care professional for more
					 information.
(b) For prescription
					 medications, you must:
(1) Be informed about
					 possible side effects of medications administered to the child;
(2) Store all medication in the original
					 container unless you have an additional container with the same label and
					 instructions;
(3) Administer all
					 medications according to the instructions on the label or according to a
					 prescribing health-care professional's subsequent signed orders (See §
					 748.2005 of Title 40 (relating to May I accept verbal orders on the
					 administration of medication?));
(4) Administer each child's medication within
					 one hour of preparation;
(5) Ensure
					 the child has taken the medication as prescribed;
(6) Ensure a person trained in and authorized
					 to administer medication administers the medication to a child in care unless
					 the child is on a self-medication program;
(7) Maintain any documentation provided by
					 the health-care professional on the administration of current
					 medication;
(8) Not physically
					 force a child to take medication except as allowed by § 748.2455(a)(2)(B)
					 of Title 40 (relating to What actions must a caregiver take before using a
					 permitted type of emergency behavior intervention?);
(9) Ensure that your employees do not provide
					 any medication or treatment to a child except on written orders of a
					 health-care professional;
(10) Not
					 borrow or administer medication to a child that is prescribed to another
					 person; and
(11) Not administer
					 medication to more than one child from the same container. Only the child for
					 whom the medication was prescribed may use the medication.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter L - MEDICATION › Division 1 - ADMINISTRATION OF MEDICATION › Section 748.2005 - May I accept verbal orders on the administration of medication?

Current through Reg. 49, No. 28; July 12, 2024
(a) Assuming you have obtained written
					 consent according to § 748.2001 of Title 40 (relating to What consent must
					 I obtain to administer medications?), a licensed health-care professional may
					 provide verbal orders. However, the health-care professional must write and
					 sign orders within 72 hours of the verbal order.
(b) The verbal order must be documented in
					 the child's record, including the health care professional's name and the date
					 and time of the call.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter L - MEDICATION › Division 1 - ADMINISTRATION OF MEDICATION › Section 748.2009 - What are the requirements for administering non-prescription medication and supplements?

Current through Reg. 49, No. 28; July 12, 2024
(a) For
					 non-prescription medications and supplements, you must:
(1) Follow the label instructions for dosage;
					 and
(2) Ensure that the
					 non-prescription medication or supplement is not contraindicated with any
					 medication prescribed for the child or medical condition that the child
					 has.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter L - MEDICATION › Division 2 - SELF-ADMINISTRATION OF MEDICATION › Section 748.2051 - What are the requirements for a self-medication program?

Current through Reg. 49, No. 28; July 12, 2024
For a child to be on a self-medication program:
(1) The child's parent must give written
					 authorization for the child to be on the program;
(2) The child's service plan must include the
					 self-medication program and any requirements for caregiver supervision;
					 and
(3) The health-care
					 professional who prescribed the medication must be consulted, and any concerns
					 of the health-care professional documented in the child's record.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter L - MEDICATION › Division 2 - SELF-ADMINISTRATION OF MEDICATION › Section 748.2053 - Who must record the medication dosage if a child is on a self-medication program?

Current through Reg. 49, No. 28; July 12, 2024
When a child who is on a self-medication program takes a
						dosage of the medication, you must ensure there is a system for reviewing the
						child's medication each day and that the child either:
(1) Records the daily dosage; or
(2) Reports the medication to an appropriate
					 employee or service provider, who must then do the actual daily
					 recording.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter L - MEDICATION › Division 3 - MEDICATION STORAGE AND DESTRUCTION › Section 748.2101 - What medication storage requirements must my operation meet?

Current through Reg. 49, No. 28; July 12, 2024
You must:
(1)
					 Store medication in a locked container;
(2) Keep medication inaccessible other than
					 to employees responsible for stored medication;
(3) Store medication covered by Schedule II
					 of the Texas Controlled Substances Act under double lock in a separate
					 container. For example, a double lock can include a lock on the cabinet or
					 filing cabinet and the door to the closet where medications are
					 stored;
(4) Make provisions for
					 storing medication that requires refrigeration;
(5) Keep medication storage area(s) clean and
					 orderly;
(6) Remove discontinued
					 medication immediately and destroy it in a way that ensures that children do
					 not have access to it;
(7) Remove
					 medication on or before the expiration date and destroy it in a way that
					 ensures that children do not have access to it;
(8) Remove medication of a discharged or
					 deceased child immediately and destroy it in a way that ensures that children
					 do not have access to it; and
(9)
					 Provide prescription medication to the person to whom a child is discharged or
					 transferred if the child is taking the medication at that time.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter L - MEDICATION › Division 3 - MEDICATION STORAGE AND DESTRUCTION › Section 748.2103 - What are the requirements for discontinued or expired medication?

Current through Reg. 49, No. 28; July 12, 2024
(a) Discontinued medication, expired
					 medication, and medication left at your operation must be inventoried and
					 stored separately from current medications as directed by the
					 administrator.
(b) When you have an
					 accumulation of this medication, you must destroy the medication in accordance
					 with state and federal law and in a way that ensures children do not have
					 access to it. The medication must be destroyed by:
(1) A health-care professional or pharmacist;
					 or
(2) The licensed child-care
					 administrator and another adult who is not a resident.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter L - MEDICATION › Division 4 - MEDICATION RECORDS › Section 748.2151 - What records must you maintain for each child receiving medication?

Current through Reg. 49, No. 28; July 12, 2024
(a) You must maintain a cumulative medication
					 record of all:
(1) Prescription medication
					 dispensed to each child; and
(2)
					 Nonprescription medications and supplements that are dispensed to a child under
					 five years old.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter L - MEDICATION › Division 5 - MEDICATION AND LABEL ERRORS › Section 748.2201 - What is a medication error?

Current through Reg. 49, No. 28; July 12, 2024
A medication error includes, but is not limited to, the
						following:
(1) A child receives the
					 wrong medication;
(2) A child
					 receives medication prescribed for someone else;
(3) A child receives the wrong dosage of
					 medication;
(4) A child receives
					 medication at the wrong time;
(5) A
					 medication dose is skipped or missed;
(6) A child receives expired
					 medication;
(7) Not following the
					 medication administration instructions, such as giving a child medication on an
					 empty stomach when the medication should be given with food; and
(8) A child receives medication that was not
					 stored as required to maintain the effectiveness of the medication, such as
					 refrigerating or not refrigerating the medication or exposing the medication to
					 heat or sunlight.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter L - MEDICATION › Division 5 - MEDICATION AND LABEL ERRORS › Section 748.2203 - What must I do if I find a medication error?

Current through Reg. 49, No. 28; July 12, 2024
(a) If you find a medication error regarding
					 a prescribed medication, you must contact a health-care professional
					 immediately, unless the error is the type described in paragraph (4) or (5) of
					 § 748.2201 of Title 40 (relating to What is a medication error?), and
					 follow the health-care professional's recommendations.
(b) If you find a medication error regarding
					 an nonprescription medication, you must take the appropriate and necessary
					 actions as required by the circumstances.
(c) For all medication errors, you must
					 document the following within 24 hours:
(1)
					 The time and date of the error;
(2)
					 The medication error;
(3) The time
					 and date of the call(s) to the licensed health-care professional, if
					 applicable;
(4) The name and title
					 of the health-care professional contacted, if applicable; and
(5) The health-care professional's medical
					 recommendations for ensuring the child's safety, if applicable.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter L - MEDICATION › Division 5 - MEDICATION AND LABEL ERRORS › Section 748.2205 - What must I do if I find a medication label error?

Current through Reg. 49, No. 28; July 12, 2024
If you find a medication label error, you must:
(1) Report the error to the pharmacist;
					 and
(2) Have the label on the
					 medication container corrected as soon as possible, but no later than the next
					 business day.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter L - MEDICATION › Division 6 - SIDE EFFECTS AND ADVERSE REACTIONS TO MEDICATION › Section 748.2231 - What must I do if a child has an adverse reaction to a medication?

Current through Reg. 49, No. 28; July 12, 2024
If a child has an adverse reaction (unexpected or
						dangerous reaction) to a medication, you must:
(1) Immediately report the reaction to a
					 health-care professional and the child's parent;
(2) Follow the health-care professional's
					 recommendations;
(3) Seek further
					 medical care for the child if the child's condition appears to worsen;
					 and
(4) Document in the child's
					 medical record the:
(A) Adverse reactions that
					 the child had to the medication;
(B) Time and date of call(s) to the
					 health-care professional;
(C) Name
					 and title of the health-care professional contacted; and
(D) Health-care professional's medical
					 recommendations for ensuring the child's safety.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter L - MEDICATION › Division 6 - SIDE EFFECTS AND ADVERSE REACTIONS TO MEDICATION › Section 748.2233 - What must I do if a child experiences side effects from any medications?

Current through Reg. 49, No. 28; July 12, 2024
(a) A side effect from any medication is an
					 effect of medication in addition to the medication's intended effect, often an
					 undesirable effect.
(b) If a child
					 experiences side effects from any medication, you must:
(1) Document the observed and reported side
					 effects;
(2) Immediately report any
					 serious side effects to the child's prescribing health-care professional and
					 the child's parent; and
(3) Report
					 any other side effect to the prescribing health-care professional within 72
					 hours.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter L - MEDICATION › Division 7 - USE OF PSYCHOTROPIC MEDICATION › Section 748.2253 - If my operation employs or contracts with a health-care professional who prescribes psychotropic medications to a child in care, what information must I provide the person legally authorized to give consent before requesting his consent for the child to be placed on psychotropic medication?

Current through Reg. 49, No. 28; July 12, 2024
(a) Before requesting the person's written
					 consent to give the child psychotropic medication, the prescribing health-care
					 professional must give the following in writing or document a discussion with
					 the person or a combination of both:
(1) The
					 child's diagnosis;
(2) The nature
					 of the child's mental illness or condition;
(3) An explanation of the purpose of the
					 medication;
(4) A description of
					 the benefits expected;
(5) A
					 description of any accompanying discomforts and risks, including those which
					 could result from long-term use of the medication, and possible side effects,
					 including side effects that are known to frequently occur in persons, side
					 effects to which the child may be predisposed, and the nature and possible
					 occurrence of irreversible symptoms;
(6) A statement of whether the medication is
					 habituating in nature;
(7)
					 Alternative interventions to the use of psychotropic medication that have been
					 attempted and that have been unsuccessful;
(8) Other alternative treatments or
					 procedures to the use of the psychotropic medication;
(9) Risks and benefits of the alternative
					 treatments or procedures;
(10)
					 Risks and benefits of not receiving or undergoing a treatment or
					 procedure;
(11) An explanation that
					 the person legally authorized to give medical consent may ask questions about
					 the child's response to the medication, and may review your daily records on
					 request; and
(12) An explanation
					 that the person legally authorized to give medical consent may withdraw consent
					 and request the medication be discontinued at any time.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter L - MEDICATION › Division 7 - USE OF PSYCHOTROPIC MEDICATION › Section 748.2255 - If my operation does not employ or contract with a health-care professional who prescribes psychotropic medications to a child in care, what information must I provide the person legally authorized to give medical consent prior to the health-care professional prescribing psychotropic medications to a child in care?

Current through Reg. 49, No. 28; July 12, 2024
If you are requesting consent and the person legally
						authorized to give consent is not privy to this information, you must:
(1) Before requesting the person's written
					 consent to give the child psychotropic medication, provide information in
					 writing or document a discussion with the person regarding:
(A) The nature of the child's mental illness
					 or condition;
(B) A general
					 explanation of the purpose of the medication;
(C) A general description of the benefits
					 expected;
(D) An explanation that
					 the person may ask questions about the child's response to the medication;
					 and
(E) An explanation that the
					 person may withdraw medical consent and request the medication be discontinued
					 at any time.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter L - MEDICATION › Division 7 - USE OF PSYCHOTROPIC MEDICATION › Section 748.2257 - What are the requirements if a physician orders administration of a psychotropic medication to a child in an emergency?

Current through Reg. 49, No. 28; July 12, 2024
(a) If a physician has made a determination
					 that there is an emergency according to §
											266.009
					 of the Family Code and the emergency requires the administration of a
					 psychotropic medication, then you must follow the physician's orders and do not
					 have to obtain consent prior to the administration of the medication.
(b) Within 72 hours after you have
					 administered the medication, you must notify the parent and the person legally
					 authorized to give medical consent.
(c) The physician's statement regarding the
					 emergency and the prescription must be documented in the child's
					 record.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter L - MEDICATION › Division 7 - USE OF PSYCHOTROPIC MEDICATION › Section 748.2259 - What information must I document about a child's use of psychotropic medication?

Current through Reg. 49, No. 28; July 12, 2024
(a) You must
					 maintain a daily record of the child's use of such medication according to the
					 requirements in § 748.2151 of Title 40 (relating to What records must I
					 maintain for each child receiving medication?).
(b) You must document in the child's record a
					 description of any noticeable change in the child's behavior in response to the
					 medication.
(c) You must provide
					 the information in subsection (b) of this section to the prescribing
					 health-care professional or the child's current health-care professional to use
					 in evaluating the appropriateness of continuing the medication. You must
					 document the health-care professional's evaluation and review in the child's
					 record.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter L - MEDICATION › Division 7 - USE OF PSYCHOTROPIC MEDICATION › Section 748.2261 - If my operation employs or contracts with a health-care professional who prescribes psychotropic medications to a child in care, what are the requirements for evaluating whether a child should continue taking a psychotropic medication?

Current through Reg. 49, No. 28; July 12, 2024
(a) If a child
					 takes psychotropic medications, the prescribing health-care professional must
					 evaluate and document in the child's medication record a description of the
					 child's response to the medication and an assessment of its effectiveness and
					 the appropriateness of continuing the medication at least quarterly. The
					 written evaluation must include any reasons for discontinuing the
					 medication.
(b) If the health-care
					 professional decides that he can evaluate the appropriateness of continuing the
					 medication without seeing the child, you do not have to schedule an appointment
					 for the evaluation.
(c) The
					 health-care professional must consider the target symptoms and treatment goals
					 in evaluating the child's use of psychotropic medications.
(d) The health-care professional must
					 document whether the child needs to continue taking the medication. You must
					 document the health-care professional's decision in the child's
					 record.
(e) If the health-care
					 professional does not substantiate the effectiveness of a specific psychotropic
					 medication within 90 days, the health-care professional must provide a written
					 rationale for continuing the medication for an additional period. The
					 continuation of the medication may not exceed an additional 90 days (for a
					 total of 180 days) if effectiveness is not substantiated by the health-care
					 professional. A copy of the written rationale must be documented in the child's
					 record.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter L - MEDICATION › Division 8 - UNASSIGNED EPINEPHRINE AUTO-INJECTORS › Section 748.2271 - What are the requirements if my operation chooses to maintain and administer unassigned epinephrine auto-injectors?

Current through Reg. 49, No. 28; July 12, 2024
If your operation maintains and administers unassigned
						epinephrine auto-injectors to use when a child in care has an emergency
						anaphylaxis reaction, you must:
(1)
					 Adopt and implement a written policy that complies with the unassigned
					 epinephrine auto-injector requirements set by the Texas Department of State
					 Health Services, as specified in 25 TAC Chapter 40, Subchapter C (relating to
					 Epinephrine Auto-Injector Policies in Youth Facilities) and Texas Health and
					 Safety Code §
											773.0145;
(2) Notify the child's parent, immediately
					 after ensuring the safety of the child, if the child has had an emergency
					 anaphylaxis reaction that required administration of an unassigned epinephrine
					 auto-injector; and
(3) Maintain and
					 make available for review, upon our request, proof that you have notified the
					 child's parent of an incident where the child in care had an emergency
					 anaphylaxis reaction that required administration of an unassigned epinephrine
					 auto-injector.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter M - DISCIPLINE AND PUNISHMENT › Section 748.2301 - What are the requirements for disciplinary measures?

Current through Reg. 49, No. 28; July 12, 2024
(a) Only a caregiver known to and
				  knowledgeable of a child may discipline the child.
(b) Each disciplinary measure must:
(1) Be consistent with your policies and
				  procedures;
(2) Not be physically
				  or emotionally damaging to the child;
(3) Be individualized to meet each child's
				  needs;
(4) Be appropriate to the
				  child's level of understanding, age, and developmental level; and
(5) Be appropriate to the incident and
				  severity of the behavior demonstrated.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter M - DISCIPLINE AND PUNISHMENT › Section 748.2303 - May I use corporal punishment for children in care?

Current through Reg. 49, No. 28; July 12, 2024
(a) You may not use or threaten to use
				  corporal punishment with any child in care.
(b) Corporal punishment is the infliction of
				  physical pain on any part of a child's body as a means of controlling or
				  managing the child's behavior. It includes:
(1) Hitting or spanking a child with a hand
				  or instrument; or
(2) Forcing or
				  requiring the child to do any of the following as a method of managing or
				  controlling behavior:
(A) Perform any form of
				  physical exercise, such as running laps or doing sit ups or push ups;
(B) Hold a physical position, such as
				  kneeling or squatting; or
(C) Do
				  any form of "unproductive work."
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter M - DISCIPLINE AND PUNISHMENT › Section 748.2305 - What is "unproductive work"?

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  "Unproductive work" is work that serves no purpose except to demean the child.
				  Examples include moving rocks or logs from one pile to another or digging a
				  hole and then filling it in. Unproductive work is never an appropriate behavior
				  management tool.
(b) "Unproductive
				  work" does not include work that corrects damage that the child's behavior
				  caused. For example, you may require a child who defaces a fence or wall to
				  repaint it. This example includes a logical consequence and is an acceptable
				  behavior management tool.