reglab/statecodes huggingface dataset:
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 A - PRESCRIBING OF PSYCHOACTIVE MEDICATION › Section 5.12 - Quality Improvement

Current through Reg. 49, No. 28; July 12, 2024
(a) Each service
				  setting will have in place policies and procedures that address standards
				  monitoring and related procedures for quality management of provision of
				  psychoactive medication related services.
(b) At a minimum, psychoactive medication
				  utilization in each service setting must be reviewed and evaluated at least
				  semiannually and strategies for improvement identified using accepted
				  guidelines.
(c) Required areas of
				  review include:
(1) appropriateness of
				  prescribing (including choice of medication, dose, and route);
(2) documentation;
(3) polypharmacy;
(4) emergency use of psychoactive
				  medication;
(5) PRN use;
(6) medication errors;
(7) adverse drug reactions; and
(8) frequency of medication
				  monitoring.
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 A - PRESCRIBING OF PSYCHOACTIVE MEDICATION › Section 5.13 - References

Current through Reg. 49, No. 28; July 12, 2024
The following statutes and TDMHMR rules are referenced in
					 this subchapter:
(1) Texas
				  Administrative Code, Title 25, Part II, Chapter 414, Subchapter I, relating to
				  Consent to Treatment with Psychoactive Medications - Mental Health Services;
				  and
(2) Texas Administrative Code
				  Title 25, Part II, Chapter 405, Subchapter I, relating to Consent to Treatment
				  with Psychotropic Medication.
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 A - PRESCRIBING OF PSYCHOACTIVE MEDICATION › Section 5.14 - Distribution

Current through Reg. 49, No. 28; July 12, 2024
This subchapter is distributed to:
(1) all members of the Texas Mental Health
				  and Mental Retardation Board;
(2)
				  executive, management, and program staff of Central Office;
(3) CEOs and medical directors of all
				  facilities and LAs;
(4) advocacy
				  organizations; and
(5) any person
				  on request.
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 5.401 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this subchapter is to:
(1) ensure that the health, safety, welfare,
				  rights, and privileges of an individual residing in a state mental retardation
				  facility (state MR facility) are protected when staff recommend utilizing
				  highly restrictive procedures or restricting rights or privileges to address
				  the individual's inappropriate behavior;
(2) outline policies and procedures for
				  developing, implementing, monitoring, and reporting behavior therapy programs;
				  and
(3) describe principles that
				  support and enhance the practice of applied behavior analysis and behavior
				  therapy.
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 5.402 - Application

Current through Reg. 49, No. 28; July 12, 2024
This subchapter applies to state MR
					 facilities.
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 5.403 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms when used in this subchapter
					 shall have the following meanings unless the context clearly indicates
					 otherwise.
(1) Behavior services
				  director--A person appointed by the head of the state MR facility to chair the
				  facility's behavior therapy committee and consult with program directors and
				  who:
(A) is knowledgeable in the specifics of
				  behavior therapy principles and theory;
(B) is qualified to evaluate published
				  behavior therapy research studies; and
(C) has applied experience with behavior
				  therapy techniques.
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

Current through Reg. 49, No. 28; July 12, 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.
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 5.405 - General Principles for Behavior Therapy Programs

Current through Reg. 49, No. 28; July 12, 2024
A state MR facility will ensure that the following general
					 principles are incorporated in its written polices and procedures developed as
					 described in § 415.404 of this title (relating to General Provisions) and
					 followed during the development, implementation, and monitoring of behavior
					 therapy programs for individuals.
(1)
				  The health, safety, welfare, rights, and privileges of an individual must
				  protected.
(2) Only the least
				  intrusive or restrictive intervention that effectively modifies or replaces a
				  targeted behavior will be employed as part of a behavior therapy
				  program.
(3) Staff do not exercise
				  control over an individual; rather, staff offer an individual the needed and
				  appropriate support that enables the individual to modify or reduce
				  inappropriate behavior.
(4) Staff
				  must attempt to understand an individual's motivation for engaging in
				  inappropriate behavior in order to effectively develop a strategy for making
				  changes to the individual's environment that will result in a modification of
				  or reduction in the inappropriate behavior.
(5) Staff must ensure that an individual who
				  exhibits inappropriate behavior is treated with compassion and respect, in
				  addition to being provided with effective and appropriate services.
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 5.406 - Development, Implementation, and Monitoring of Effectiveness of Behavior Therapy Programs

Current through Reg. 49, No. 28; July 12, 2024
(a) When a
				  behavior therapy program must be developed. An individual's treating
				  psychologist, with input from the individual's interdisciplinary team (IDT),
				  must develop a written behavior therapy program for the individual if:
(1) the IDT recommends the use of a highly
				  restrictive procedure or other restriction of the individual's rights or
				  privileges to modify or replace a targeted behavior; or
(2) the individual is receiving medications
				  intended primarily for the treatment of a psychiatric disorder.
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 5.407 - Requirement to Obtain Legally Adequate Consent, Consent, or Authorization

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as provided in subsection (b) of
				  this section, a state MR facility must obtain legally adequate consent or
				  consent in accordance with this subsection before implementing a functional
				  analysis that requires a written protocol or a behavior therapy program.
(1) If an individual has the ability to
				  provide legally adequate consent, the state MR facility will attempt to obtain
				  legally adequate consent from the individual.
(2) If an individual lacks the ability to
				  provide legally adequate consent and has an LAR, the state MR facility will
				  make reasonable attempts to obtain consent from the LAR.
(3) Efforts taken by the state MR facility to
				  obtain legally adequate consent from an individual or consent from an LAR must
				  be documented in the individual's record.
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 5.408 - Use of Restraint

Current through Reg. 49, No. 28; July 12, 2024
If restraint is used as part of a behavior therapy program,
					 it must be implemented as described in § 415.355 of this title (relating
					 to General Principles for the Use of Restraint) and § 415.357 of this
					 title (relating to Use of Restraint in a Behavior Therapy
					 Program).
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 5.409 - Documenting and Reporting Behavior Therapy Programs That Use Highly Restrictive Procedures

Current through Reg. 49, No. 28; July 12, 2024
Each state MR facility must prepare and submit to the State
					 Mental Retardation Facilities division in Central Office a report for each
					 fiscal year quarter detailing the implementation of behavior therapy programs
					 that utilize highly restrictive procedures, to include:
(1) the number of individuals 18 years of age
				  or older for whom approved behavior therapy programs were in place during each
				  month of the fiscal year quarter;
(2) the number of individuals under 18 years
				  of age for whom approved behavior therapy programs were in place during each
				  month of the fiscal year quarter; and
(3) a description of highly restrictive
				  procedures utilized in those programs.
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 5.411 - References

Current through Reg. 49, No. 28; July 12, 2024
Reference is made to the following statutes and
					 regulations:
(1)
										42 CFR
				  §§483.410 -
				  483.480
				  et. seq., (Conditions of Participation for Intermediate Care Facilities for
				  Persons with Mental Retardation);
(2)
										42 CFR
				  §483.430(a), concerning
				  qualified mental retardation professional;
(3)
										42 CFR
				  §483.440(f)(3),
				  concerning specially constituted committee;
(4)
										42
				  CFR §483.450 (Condition of
				  Participation: Client Behavior and Facility Practices);
(5)
										42
				  CFR §483.450(b),
				  concerning the management of inappropriate behavior;
(6)
										42
				  CFR §483.450(c),
				  concerning timeout rooms;
(7) Texas
				  Family Code, Chapter 31;
(8) Texas
				  Health and Safety Code (THSC), §591.006;
(9) THSC, §592.054;
(10)
										§ 415.355 of this title (relating
				  to General Principles for the Use of Restraint) and § 415.357 of this
				  title (relating to Use of Restraint in a Behavior Therapy Program);
				  and
(11) 40 TAC §
										90.42(e)(4)(A)
				  of (relating to Standards for Facilities Serving Persons with Mental
				  Retardation or Related Conditions).
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 5.412 - Distribution

Current through Reg. 49, No. 28; July 12, 2024
(a) This subchapter shall be distributed to:
(1) members of the Texas Mental Health and
				  Mental Retardation Board;
(2)
				  executive, management, and program staff in Central Office;
(3) heads of state MR facilities;
(4) individual advocates and advocacy
				  organizations, and
(5) Texas
				  Department of Human Services, Long Term Care Division.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 6 - ICF/ID PROGRAMS-CONTRACTING › Subchapter B - CONTRACTING REQUIREMENTS › Section 6.64 - Causes for and Conditions of Debarment

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Causes for debarment. TDMHMR may remove contractual rights from an individual
				  or legal entity for causes including, but not limited to, the following:
(1) being found guilty, pleading guilty,
				  pleading nolo contendere, or receiving a deferred adjudication in a criminal
				  court, relating to:
(A) obtaining, attempting
				  to obtain, or performing a public or private contract or subcontract;
(B) embezzlement, theft, forgery, bribery,
				  falsification or destruction of records, any form of fraud, receipt of stolen
				  property, or any other offense indicating moral turpitude or a lack of business
				  integrity or honesty;
(C) dangerous
				  drugs, controlled substances, or other drug-related offense;
(D) federal antitrust statutes arising from
				  the submission of bids or proposals; or
(E) any physical or sexual abuse or neglect
				  offense;
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 6 - ICF/ID PROGRAMS-CONTRACTING › Subchapter B - CONTRACTING REQUIREMENTS › Section 6.65 - Causes for and Conditions of Suspension

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Causes for suspension. TDMHMR may place a contractor or potential contractor's
				  contractual rights in suspension whenever TDMHMR finds that there is a
				  reasonable basis to believe that grounds for debarment as specified in §
				  406.64 of this title (relating to Conditions for and Conditions of Debarment)
				  exists. Suspension may be imposed immediately following TDMHMR's notification
				  to a contractor or potential contractor. In addition, suspension may be imposed
				  on a potential contractor or subcontractor if he has an outstanding indictment
				  or the department has information about an offense that is grounds for
				  debarment.
(b) Conditions of
				  suspension.
(1) TDMHMR may withhold payments,
				  in whole or in part, to the affected contractor during the period of
				  suspension.
(2) TDMHMR may refuse
				  to accept a bid, offer, application, or proposal from, or to award a contract
				  to, the affected potential contractor during the period of
				  suspension.
(3) TDMHMR may cease
				  referrals of additional consumers to the suspended entity.
(4) If TDMHMR determines that the underlying
				  reasons for the suspension have been resolved in favor of the contractor,
				  TDMHMR must, if applicable:
(A) pay the
				  withheld payments for any services that may have been provided during the
				  suspension and which meet the terms of an existing contract; and
(B) resume contract payments.
(5) If TDMHMR determines that
				  underlying reasons for the suspension have not been resolved in favor of the
				  contractor, TDMHMR will institute debarment proceedings.
(6) Individuals and entities whose
				  contractual rights have been placed in suspension may not:
(A) receive a contract; or
(B) submit an offer, bid, application or
				  proposal for a contract.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 6 - ICF/ID PROGRAMS-CONTRACTING › Subchapter B - CONTRACTING REQUIREMENTS › Section 6.66 - Proof Required for Debarment and Suspension

Current through Reg. 49, No. 28; July 12, 2024
(a) Causes identified in §406.64(a)(1)
				  of this title (relating to Causes for and Conditions of Debarment) are
				  established by proof of pleading guilty or nolo contendere, or of the issuance
				  of a deferred adjudication of guilt. If an appeal results in a reversal,
				  contractual rights must be restored upon written request, unless another cause
				  for their removal exists.
(b)
				  Causes identified in §406.64(a)(2) of this title (relating to Causes for
				  and Conditions of Debarment) are based entirely upon the other state or federal
				  agency's official notice that the contractor or potential contractor's rights
				  have been removed.
(c) The
				  existence of all other causes for debarment or suspension must be established
				  by a preponderance of the evidence.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 6 - ICF/ID PROGRAMS-CONTRACTING › Subchapter B - CONTRACTING REQUIREMENTS › Section 6.67 - Notice Requirements for Debarment and for Suspension

Current through Reg. 49, No. 28; July 12, 2024
(a) Contractors' right of notice and appeal.
				  Contractors who have been placed in suspension or who have been debarred or who
				  have been notified of proposed debarment have the appeal rights provided in
				  Chapter 409, Subchapter B of this title (relating to Adverse Actions),
				  governing provider appeal processes for adverse actions.
(b) Potential contractors' rights of notice
				  and appeal. Potential contractors who are placed in suspension or who have been
				  debarred have all the notice and appeal rights provided in Chapter 409,
				  Subchapter B of this title (relating to Adverse Actions), governing provider
				  appeal processes for adverse actions.
(c) Required content for notices of
				  suspension and debarment. In addition to information required in the notice of
				  adverse actions specified in Chapter 409, Subchapter B of this title (relating
				  to Adverse Actions), notices must include the following, when applicable:
(1) the grounds for the action (if an
				  indictment or information is pending or has been returned, the nature of the
				  irregularities is described in general terms without disclosing
				  evidence);
(2) the length of the
				  suspension or debarment;
(3) a
				  statement explaining the effect of the suspension or debarment; and
(4) a statement of whether the suspension or
				  debarment is in effect throughout TDMHMR.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 7 - DADS ADMINISTRATIVE RESPONSIBILITIES › Subchapter A - STANDARD OPERATING PROCEDURES › Section 7.1 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this subchapter is to describe certain
					 standard operating policies and procedures for DADS facilities, regional
					 offices, and state office.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 7 - DADS ADMINISTRATIVE RESPONSIBILITIES › Subchapter A - STANDARD OPERATING PROCEDURES › Section 7.3 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, have the following meanings unless the context clearly indicates
					 otherwise:
(1) CEO--The superintendent
				  of a facility.
(2) DADS--The
				  Department of Aging and Disability Services.
(3) Department--The Department of Aging and
				  Disability Services.
(4)
				  Facility--A state mental retardation facility operated by DADS.
(5) Individual--A person receiving services
				  from a facility.
(6) LAR (legally
				  authorized representative)--A person authorized by law to act on behalf of an
				  individual with regard to a matter described in this subchapter and may include
				  a parent, guardian, or managing conservator of a minor individual, a guardian
				  of an adult individual, or a personal representative of a deceased
				  individual.
(7) Mental
				  retardation--Subaverage general intellectual functioning existing concurrently
				  with deficits in adaptive behavior and originating during the developmental
				  period.
(8) Material safety data
				  sheet--The document provided by a manufacturer that describes a material's or
				  part's chemical properties along with guidelines for proper use, storage, and
				  disposal.
(9) Non-commercial
				  group--A group of people associated with an organization (for example, a civic,
				  fraternal, religious, social, service, community, or public employee
				  organization).
(10) Sales
				  receipt--A written statement issued by the seller that includes the date it was
				  created and the cost of the item or service.
(11) Trust fund--An account at a financial
				  institution in a facility's control that contains funds of an
				  individual.
(12) Unauthorized
				  departure that may have unusual consequences--The unauthorized departure of an
				  individual that causes a reasonably prudent staff member who has knowledge of
				  the individual's condition to believe that harm or injury to the individual or
				  to others may occur as a result of the unauthorized departure, for example, the
				  unauthorized departure of an individual whom the treatment staff believes to be
				  a danger to self or to others or the unauthorized departure of an individual
				  who requires maintenance medication such as insulin.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 7 - DADS ADMINISTRATIVE RESPONSIBILITIES › Subchapter A - STANDARD OPERATING PROCEDURES › Section 7.6 - Assignment and Use of Pooled Vehicles

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  DADS motor pool consists of agency vehicles permanently assigned to state
				  office, a regional office, or a facility.
(b) Except as provided by subsection (c) of
				  this section, a vehicle in the motor pool is available for use as needed. A
				  vehicle in the motor pool may be assigned to a specific division or function
				  (for example, building services, security, food services).
(c) A vehicle in the motor pool may be
				  assigned to an employee on a regular basis, if a facility superintendent,
				  regional director, or the Administrative Management Services manager documents
				  in writing that the assignment is critical to the needs and mission of DADS.
				  The facility superintendent, regional director, or Administrative Management
				  Services manager must maintain the written documentation and send a copy to the
				  Health and Human Services Commission's Facilities Fleet Management Office, the
				  DADS Business Management Office, and the Texas Building and Procurement
				  Commission, Office of Vehicle Fleet Management.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 7 - DADS ADMINISTRATIVE RESPONSIBILITIES › Subchapter A - STANDARD OPERATING PROCEDURES › Section 7.7 - Inscription on State Vehicles

Current through Reg. 49, No. 28; July 12, 2024
A state vehicle used primarily for transporting individuals
					 receiving services from a facility is exempt from the requirement in Texas
					 Transportation Code, §
										721.002,
					 to have "Texas Department of Aging and Disability Services" printed on the
					 vehicle. The purpose served by this exemption is to provide confidentiality,
					 safety, and normalization for individuals receiving services and to reduce the
					 stigma associated with mental retardation.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 7 - DADS ADMINISTRATIVE RESPONSIBILITIES › Subchapter A - STANDARD OPERATING PROCEDURES › Section 7.9 - Material Safety Data Sheets

Current through Reg. 49, No. 28; July 12, 2024
The plant maintenance manager or designee must ensure that
					 a contractor obtains a material safety data sheet before installing any
					 material or replacement part at the facility. If according to the material
					 safety data sheet the material or replacement part contains more than one
					 percent asbestos and there is an alternative material or part available, the
					 contractor is prohibited from installing the material or replacement
					 part.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 7 - DADS ADMINISTRATIVE RESPONSIBILITIES › Subchapter A - STANDARD OPERATING PROCEDURES › Section 7.14 - Non-Commercial Groups

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Policy. The facility CEO may make facility resources available to the public at
				  large whenever it can do so without compromising the department's primary
				  mission.
(b) Requesting permission.
				  The Facility/Premises Use Request form, which is in the
TDMHMR
				  Contracts Manual,
must be completed and submitted to the facility
				  CEO.
(c) Criteria for approving
				  requests. The facility CEO may approve or disapprove the use of facility
				  resources based on whether:
(1) the
				  organization agrees in writing to abide by all rules and regulations
				  established by the facility CEO regarding the use facility resources and that
				  its meetings in no way interfere with or disrupt the delivery of services to
				  the individuals mental illness or mental retardation;
(2) the event does not conflict with any of
				  the facility's scheduled events, programs, or priorities;
(3) the event is consistent with the physical
				  constraints of the resources to be used;
(4) the facility can provide the services for
				  the time period requested; and
(5)
				  the event does not conflict with the best interests of the facility or
				  individuals.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 7 - DADS ADMINISTRATIVE RESPONSIBILITIES › Subchapter A - STANDARD OPERATING PROCEDURES › Section 7.15 - Family Members and Guests of an Individual Receiving Services

Current through Reg. 49, No. 28; July 12, 2024
If a facility has on-site overnight accommodations that are
					 made available to family members or guests of an individuals receiving
					 services, a facility resource use fee may be charged. The facility use fee
					 schedule is in the
TDMHMR Fiscal Manual.
If the family member
					 or guest is unable to pay the entire use fee, the facility CEO may waive any
					 portion or all of the fee based on the family member's or guest's ability to
					 pay.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 7 - DADS ADMINISTRATIVE RESPONSIBILITIES › Subchapter A - STANDARD OPERATING PROCEDURES › Section 7.23 - Unauthorized Departures That May Have Unusual Consequences

Current through Reg. 49, No. 28; July 12, 2024
The CEO or designee shall immediately if possible, but in
					 no case more than one hour later make a missing person report to the
					 appropriate law enforcement agency upon discovering an unauthorized departure
					 that may have unusual consequences for an individual who:
(1) is unable to ensure his or her personal
				  safety and/or is considered to be a danger to self or others; and
(2) is receiving court-ordered inpatient or
				  residential services or is voluntarily receiving mental retardation residential
				  services.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 7 - DADS ADMINISTRATIVE RESPONSIBILITIES › Subchapter A - STANDARD OPERATING PROCEDURES › Section 7.27 - Depositing Department Funds

Current through Reg. 49, No. 28; July 12, 2024
The CEO or designee is responsible for ensuring
					 that:
(1) all funds received are
				  deposited with the state treasurer or in an account that is insured under state
				  or federal law.
(2) the balance of
				  such account does not exceed the insured limit of the financial institution;
				  and
(3) all funds that must be
				  deposited in the State Treasury are deposited within three business days of
				  receipt.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 7 - DADS ADMINISTRATIVE RESPONSIBILITIES › Subchapter A - STANDARD OPERATING PROCEDURES › Section 7.28 - Investing Department Funds

Current through Reg. 49, No. 28; July 12, 2024
(a) The CEO or designee must ensure that
				  funds which are not required for current use are invested with Texas financial
				  institutions or the Central Office investment plan. Earnings on invested funds
				  other than trust funds shall be added to the funds from which earnings are
				  derived. The interest rate and the availability for withdrawal in case of
				  emergency must be considered in making investment selections.
(1) Texas financial institutions. If the
				  Texas financial institution is insured under state or federal law, the funds
				  may be invested in certificates of deposit or savings accounts. If the
				  investment amount exceeds the limits of state and federal insurance the
				  investment source must pledge additional securities equal to the investment
				  amount.
(2) Central Office
				  investment program. Central Office offers a short term fund, current interest
				  rate, investment plan for the benefit of all facilities. Funds may be
				  Transferred to Central Office, Financial Services in multiples of $2,500 for
				  immediate return upon request. Interest payments are remitted by Central
				  Office, Financial Services at the end of each month.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 7 - DADS ADMINISTRATIVE RESPONSIBILITIES › Subchapter A - STANDARD OPERATING PROCEDURES › Section 7.29 - Benefit Funds: Use and Control

Current through Reg. 49, No. 28; July 12, 2024
(a) Authority. As authorized by the Texas
				  Health and Safety Code, §
										551.004, the CEO
				  must be the trustee of a special fund designated as the benefit fund. The CEO
				  may expend the money in any such fund for the education or entertainment of
				  individuals or for the actual expense of maintaining the fund at the financial
				  institution.
(b) Source of funds.
				  The source of benefit funds are:
(1) private
				  donations or gifts; and
(2)
				  interest earned from investment of benefit funds.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 7 - DADS ADMINISTRATIVE RESPONSIBILITIES › Subchapter A - STANDARD OPERATING PROCEDURES › Section 7.33 - Mail for Staff Residing On Campus

Current through Reg. 49, No. 28; July 12, 2024
(a) Staff
				  mail. Except as provided by subsection (b) of this section, all mail addressed
				  to staff is delivered unopened to the addressee. Routine, indiscriminate
				  opening of an employee's mail is prohibited. Unless living on grounds, staff
				  must not have personal mail delivered to the facility.
(b) Authority to open mail. If the CEO
				  determines that it is in the best interest of the facility to maintain fiscal
				  control over monies belonging to the facility, an individual, or to control
				  contraband, the CEO has the authority to open any mail addressed to a staff
				  member, office, or section of the facility (except personal mail addressed to
				  staff or their families living on the grounds or mail marked "personal" or
				  "confidential"). Mail addressed to an employee (except that indicated in
				  subsection (a) of this section) can be opened only in the presence of the
				  employee.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 7 - DADS ADMINISTRATIVE RESPONSIBILITIES › Subchapter A - STANDARD OPERATING PROCEDURES › Section 7.34 - Commercial Solicitation on Grounds

Current through Reg. 49, No. 28; July 12, 2024
The CEO is responsible for developing and implementing
					 local procedures regarding commercial solicitation on the grounds of the
					 facility that include the requirement for staff to direct sales representatives
					 to those staff who are responsible for ordering the types of products being
					 offered, e.g., drug representatives are directed to the pharmacy director or
					 the given the times, dates, and locations of the meetings of the executive
					 formulary committee.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 7 - DADS ADMINISTRATIVE RESPONSIBILITIES › Subchapter A - STANDARD OPERATING PROCEDURES › Section 7.38 - Individual's Personal Property

Current through Reg. 49, No. 28; July 12, 2024
(a) Local procedures. The CEO or designee is
				  responsible for developing and implementing local procedures to ensure an
				  individual's right to reasonable protection of personal property including
				  clothing and mail from theft or loss consistent with Chapter 404, Subchapter E,
				  concerning Rights of Persons Receiving Mental Health Services, and Chapter 405,
				  Subchapter Y, concerning Client Rights--Mental Retardation Services or any
				  other department rules that concern the rights of individuals.
(b) Personal property. The CEO or designee is
				  responsible for developing and implementing written processes that protect each
				  individual's personal property that include:
(1) advising individuals and LARs that the
				  facility is limited in its ability to protect any personal property that an
				  individual keeps on the unit, however, if loss or theft of such property is
				  reported staff must make every effort to find and return the missing property
				  to the owner;
(2) documenting the
				  receipt of any personal property that is to be held under the facility's
				  control;
(3) physically
				  inventorying personal property under the facility's control and documenting
				  personal property received from individuals to ensure it is accounted for and
				  if a discrepancy arises develop a process for documenting, investigating, and
				  resolving the discrepancy;
(4)
				  documenting and honoring an individual's request for the return of any or all
				  of his or her personal property previously under the facility's
				  control.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 7 - DADS ADMINISTRATIVE RESPONSIBILITIES › Subchapter B - CONTRACTS MANAGEMENT FOR STATE FACILITIES AND CENTRAL OFFICE › Section 7.51 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this subchapter is to provide rules
					 governing the management of contracts by Texas Department of Mental Health and
					 Mental Retardation (TDMHMR) facilities and Central Office.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 7 - DADS ADMINISTRATIVE RESPONSIBILITIES › Subchapter B - CONTRACTS MANAGEMENT FOR STATE FACILITIES AND CENTRAL OFFICE › Section 7.52 - Application

Current through Reg. 49, No. 28; July 12, 2024
(a) This subchapter applies to contracts
				  managed by the Texas Department of Mental Health and Mental Retardation
				  (TDMHMR) facilities and Central Office.
(b) This subchapter does not apply to:
(1) Medicaid provider contracts; or
(2) leases or contracts for sale of real
				  property.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 7 - DADS ADMINISTRATIVE RESPONSIBILITIES › Subchapter B - CONTRACTS MANAGEMENT FOR STATE FACILITIES AND CENTRAL OFFICE › Section 7.53 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, have the following meanings, unless the context clearly indicates
					 otherwise:
(1) Best value--The optimum
				  combination of economy and quality that is the result of fair, efficient, and
				  practical procurement decision-making and that achieves health and human
				  services procurement objectives as described in §391.21 of Title 1
				  (relating to Health and Human Services Procurement Objectives).
(2) Business entity--A sole proprietorship,
				  including an individual, partnership, firm, corporation, holding company,
				  joint-stock company, receivership, trust, or any other entity recognized by
				  law.
(3) CC&PS--The Central
				  Contracting and Procurement Support division at Central Office.
(4) Central Office--TDMHMR's administrative
				  offices in Austin.
(5) Consultant
				  contract--A contract to retain the services of a business entity that does not
				  involve the traditional relationship of employer and employee to study an
				  existing or proposed operation or project, or to provide advice with regard to
				  the operation or project consistent with Texas Government Code, Chapter 2254,
				  Subchapter B, to exclude:
(A) practitioners
				  of professional services (as defined in this section);
(B) private legal counsel;
(C) investment counselors;
(D) actuaries; or
(E) medical or dental services
				  providers.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 7 - DADS ADMINISTRATIVE RESPONSIBILITIES › Subchapter B - CONTRACTS MANAGEMENT FOR STATE FACILITIES AND CENTRAL OFFICE › Section 7.54 - Procurement

Current through Reg. 49, No. 28; July 12, 2024
(a) With the exception of construction
				  contracts, TDMHMR must acquire goods and services by a method approved by the
				  Health and Human Services Commission (HHSC) that provides the best value to
				  TDMHMR. Acquisition of goods and services must be in accordance with:
(1) the Texas Government Code, §
											2155.144;
(2) Health and Human Services Commission
				  rules, 1 TAC, Part 15, Chapter 391, governing Purchase of Goods and Services by
				  Health and Human Services Agencies; and
(3) this subchapter.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 7 - DADS ADMINISTRATIVE RESPONSIBILITIES › Subchapter B - CONTRACTS MANAGEMENT FOR STATE FACILITIES AND CENTRAL OFFICE › Section 7.55 - Accountability

Current through Reg. 49, No. 28; July 12, 2024
(a) Conflicts of interests and standards of
				  conduct for TDMHMR employees and officers.
(1) Conflicts of interest. TDMHMR employees
				  and officers may not have a conflict of interest in contracts management. An
				  employee or officer has a conflict of interest when the employee, officer, or a
				  person related within the second degree of consanguinity or affinity to the
				  employee or officer, intends to have or has:
(A) actual employment with a respondent or
				  contractor;
(B) paid consultation
				  with a respondent or contractor;
(C) membership on a respondent's or
				  contractor's board of directors;
(D) ownership of 10% or more of the voting
				  stock of shares of a respondent or contractor;
(E) ownership of 10% or more or $5,000 or
				  more of the fair market value of a respondent or contractor; or
(F) received funds from a respondent or
				  contractor in excess of 10% of the employee's, officer's, or related person's
				  gross income for the previous year.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 7 - DADS ADMINISTRATIVE RESPONSIBILITIES › Subchapter B - CONTRACTS MANAGEMENT FOR STATE FACILITIES AND CENTRAL OFFICE › Section 7.56 - Provisions for All Contracts

Current through Reg. 49, No. 28; July 12, 2024
(a) Unless an
				  exception is granted by CC&PS, all contracts governed by this subchapter
				  must include the following standards and conditions:
(1) the beginning and ending dates of the
				  contract;
(2) identification of the
				  service(s) or good(s) to be purchased;
(3) identification of all parties;
(4) total allowable payment or, if the
				  contract is for services provided solely on a referral basis or on a capitated
				  basis, the rates of payment;
(5)
				  the method of payment;
(6)
				  documentation retention requirements;
(7) the requirement that the contractor must
				  comply with all applicable federal and state laws, rules, and regulations,
				  including Title VI of the Civil Rights Act of 1964; Section 504 of the
				  Rehabilitation Act of 1973; the Americans with Disabilities Act of 1990 (ADA);
				  and the Age Discrimination in Employment Act of 1967;
(8) sanctions and remedies TDMHMR may take in
				  response to the contractor's default;
(9) a statement that the contractor is not
				  currently held in abeyance or barred from the award of a federal or state
				  contract, and that the contractor will provide immediate written notification
				  to TDMHMR if the contractor becomes held in abeyance or barred from the award
				  of a federal or state contract during the term of the contract; and
(10) that TDMHMR and its designees, including
				  independent financial auditors, shall have, with reasonable notice,
				  unrestricted access to all facilities, records, data, and other information
				  under the control of the contractor as necessary to enable TDMHMR to audit,
				  monitor, and review all financial and programmatic activities and services
				  associated with the contract.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 7 - DADS ADMINISTRATIVE RESPONSIBILITIES › Subchapter B - CONTRACTS MANAGEMENT FOR STATE FACILITIES AND CENTRAL OFFICE › Section 7.57 - Additional Requirements for Specific Contracts

Current through Reg. 49, No. 28; July 12, 2024
(a) Consultant contracts. All consultant
				  contracts must conform with the requirements of the Texas Government Code,
				  Chapter 2254, Subchapter B.
(b)
				  Professional services contracts. All professional services contracts must
				  conform with the requirements of the Texas Government Code, Chapter 2254,
				  Subchapter A.
(c) Grant contracts.
				  All grant contracts must conform with the requirements of all terms and
				  conditions of the grant and the Texas Health and Safety Code, §
										533.001(d).
				  Block grant contracts must also conform with the requirements of:
(1) the Texas Government Code, Chapter 2105;
				  and
(2) the Uniform Grant
				  Management Standards, promulgated by the Governor's Office of Budget and
				  Planning, pursuant to the Texas Government Code, Chapter 783, and 1 TAC, Part
				  1, Chapter 5, Subchapter A, Division 4.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 7 - DADS ADMINISTRATIVE RESPONSIBILITIES › Subchapter B - CONTRACTS MANAGEMENT FOR STATE FACILITIES AND CENTRAL OFFICE › Section 7.58 - Contract Extension or Renewal

Current through Reg. 49, No. 28; July 12, 2024
(a) All
				  contracts governed by this subchapter may be extended or renewed only if:
(1) the solicitation or contract allows for
				  extension or renewal;
(2) funding
				  is available for the extension or renewal;
(3) extension or renewal is in the best
				  interest of TDMHMR;
(4) the
				  contractor has demonstrated satisfactory performance; and
(5) the contractor satisfied all eligibility
				  and compliance requirements of state law as of the date of the extension or
				  renewal.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 7 - DADS ADMINISTRATIVE RESPONSIBILITIES › Subchapter B - CONTRACTS MANAGEMENT FOR STATE FACILITIES AND CENTRAL OFFICE › Section 7.60 - Protest and Appeal Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) Any
				  respondent who is aggrieved in connection with TDMHMR's award or tentative
				  award of a contract may formally protest to the contract director (as defined).
				  Protests must be in writing and received by the contract director no later than
				  10 working days after such aggrieved respondent knows, or should have known, of
				  the occurrence of the action which is protested. Copies of the protest must be
				  mailed or delivered by the protester to all respondents involved.
(b) If a protest is received within the
				  10-day time frame as required in subsection (a) of this section and the
				  contract has not been awarded, the contract director will not proceed with the
				  contract award unless a written determination is made that delaying the award
				  would cause substantial harm to TDMHMR.
(c) A protest must be limited to matters
				  relating to the protestant's qualifications, the suitability of the goods or
				  services offered by the protestant, or alleged irregularities in TDMHMR's
				  procurement process.
(d) A protest
				  must be sworn, notarized, and contain:
(1) a
				  specific identification of the statutory or regulatory provision(s) that the
				  action complained of is alleged to have violated;
(2) a specific description of each act
				  alleged to have violated the statutory or regulatory provision(s) identified in
				  paragraph (1) of this subsection;
(3) a precise statement of the relevant
				  facts;
(4) an identification of the
				  issue(s) to be resolved;
(5) a
				  statement of the basis for the protest and any authority that supports the
				  protest; and
(6) a statement that
				  copies of the protest have been mailed or delivered to all respondents
				  involved.