reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 4 - RIGHTS AND PROTECTION OF INDIVIDUALS RECEIVING INTELLECTUAL DISABILITY SERVICES › Subchapter A - PROTECTED HEALTH INFORMATION › Section 4.4 - Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) TDMHMR Central Office and each facility,
				  local authority, and community center shall comply with all applicable federal
				  and state statutes, rules and regulations pertaining to privacy of protected
				  health information (PHI) including, but not limited to, the federal and state
				  statutes, rules and regulations described in § 414.5 of this title
				  (relating to Regulations and Statutes Governing Confidentiality of Protected
				  Health Information).
(1) As set forth in 45
				  CFR Part 160 Subpart B, where a provision of 45 CFR Part 160 or 164 is contrary
				  to a provision of state law, the federal regulation preempts the state law
				  unless the provision of state law:
(A) is
				  more stringent (as defined) than the provision of the federal
				  regulation;
(B) provides for the
				  reporting of disease or injury, child abuse, birth, or death, or for the
				  conduct of public health surveillance, investigation, or intervention;
				  or
(C) requires a health plan to
				  report, or to provide access to, information for the purpose of management
				  audits, financial audits, program monitoring and evaluation, or the licensure
				  or certification of providers or persons.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 4 - RIGHTS AND PROTECTION OF INDIVIDUALS RECEIVING INTELLECTUAL DISABILITY SERVICES › Subchapter A - PROTECTED HEALTH INFORMATION › Section 4.5 - Regulations and Statutes Governing Confidentiality of Protected Health Information

Current through Reg. 49, No. 28; July 12, 2024
(a) Federal
				  regulations. The following federal regulations pertain to privacy of protected
				  health information (PHI):
(1) Code of Federal
				  Regulations, Title 45, Parts 160 and 164, Federal Standards for Privacy of
				  Individually Identifiable Health Information (i.e., Federal Privacy Rule),
				  promulgated by the Secretary of the United States Department of Health and
				  Human Services;
(2) Code of Federal
				  Regulations, Title 42, Part 2, Confidentiality of Alcohol and Drug Abuse
				  Patient Records, promulgated by the Secretary of the United States Department
				  of Health and Human Services;
(3)
				  Code of Federal Regulations, Title 34, Part 99, governing the disclosure of
				  educational records of school-age children, promulgated by the Secretary of the
				  United States Department of Education; and
(4) Code of Federal Regulations, Title 42,
				  Part 51, Subpart D, and Code of Federal Regulations, Title 45, §1386.22,
				  governing access to PHI by advocates for individuals with mental illness and
				  mental retardation, promulgated by the Secretary of the United States
				  Department of Health and Human Services.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 4 - RIGHTS AND PROTECTION OF INDIVIDUALS RECEIVING INTELLECTUAL DISABILITY SERVICES › Subchapter A - PROTECTED HEALTH INFORMATION › Section 4.6 - Exhibit

Current through Reg. 49, No. 28; July 12, 2024
This subchapter references Exhibit A--"Interpretive
					 Guidance on Laws Pertaining to Privacy of Mental Health and Mental Retardation
					 Records for the TDMHMR Service Delivery System," copies of which are available
					 by contacting TDMHMR, Policy Development, P.O. Box 12668, Austin, TX
					 78711-2668, or by calling toll free at 1-888-404-1511, extension 4516. The
					 exhibit is also accessible via the Internet at
					 www.mhmr.state.tx.us/hipaa.html.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 4 - RIGHTS AND PROTECTION OF INDIVIDUALS RECEIVING INTELLECTUAL DISABILITY SERVICES › Subchapter A - PROTECTED HEALTH INFORMATION › Section 4.7 - References

Current through Reg. 49, No. 28; July 12, 2024
Reference is made to the following state and federal
					 statutes, rules, and regulations:
(1)
				  45 CFR Parts 160 and 164, and §1386.22;
(2) 42 CFR Part 2 and Part 51, Subpart
				  D;
(3) 34 CFR Part 99;
(4)
										42 USC
				  §290dd-2, §
										1320d et seq.,
				  §10805(a)(4), and §15043(a)(2)(I);
(5) Texas Health and Safety Code:
(A) Chapter 81, Subchapter F;
(B) Chapter 241, Subchapter G;
(C) Chapter 534, Subchapter A;
(D) Chapters 181; 595; and 611; and
(E)
											§§533.009, 533.035(a), 572.004,
				  576.005, 576.0055, 576.007, 595.005(c), and 614.017;
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 4 - RIGHTS AND PROTECTION OF INDIVIDUALS RECEIVING INTELLECTUAL DISABILITY SERVICES › Subchapter A - PROTECTED HEALTH INFORMATION › Section 4.8 - 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 of TDMHMR Central Office;
(3) CEOs of all facilities, local
				  authorities, and community centers; and
(4) advocacy organizations.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 4 - RIGHTS AND PROTECTION OF INDIVIDUALS RECEIVING INTELLECTUAL DISABILITY SERVICES › Subchapter C - RIGHTS OF INDIVIDUALS WITH AN INTELLECTUAL DISABILITY › Section 4.101 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 4 - RIGHTS AND PROTECTION OF INDIVIDUALS RECEIVING INTELLECTUAL DISABILITY SERVICES › Subchapter C - RIGHTS OF INDIVIDUALS WITH AN INTELLECTUAL DISABILITY › Section 4.103 - Application

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 4 - RIGHTS AND PROTECTION OF INDIVIDUALS RECEIVING INTELLECTUAL DISABILITY SERVICES › Subchapter C - RIGHTS OF INDIVIDUALS WITH AN INTELLECTUAL DISABILITY › Section 4.105 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 4 - RIGHTS AND PROTECTION OF INDIVIDUALS RECEIVING INTELLECTUAL DISABILITY SERVICES › Subchapter C - RIGHTS OF INDIVIDUALS WITH AN INTELLECTUAL DISABILITY › Section 4.107 - Rights of an Individual

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 4 - RIGHTS AND PROTECTION OF INDIVIDUALS RECEIVING INTELLECTUAL DISABILITY SERVICES › Subchapter C - RIGHTS OF INDIVIDUALS WITH AN INTELLECTUAL DISABILITY › Section 4.109 - Rights of an Individual Receiving Services and Supports and an LAR

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 4 - RIGHTS AND PROTECTION OF INDIVIDUALS RECEIVING INTELLECTUAL DISABILITY SERVICES › Subchapter C - RIGHTS OF INDIVIDUALS WITH AN INTELLECTUAL DISABILITY › Section 4.111 - Penalties for a Violation of Rights of an Individual

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 4 - RIGHTS AND PROTECTION OF INDIVIDUALS RECEIVING INTELLECTUAL DISABILITY SERVICES › Subchapter C - RIGHTS OF INDIVIDUALS WITH AN INTELLECTUAL DISABILITY › Section 4.113 - Rights Protection Officer at a State MR Facility or MRA

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 4 - RIGHTS AND PROTECTION OF INDIVIDUALS RECEIVING INTELLECTUAL DISABILITY SERVICES › Subchapter C - RIGHTS OF INDIVIDUALS WITH AN INTELLECTUAL DISABILITY › Section 4.115 - DADS Consumer Rights and Services

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 4 - RIGHTS AND PROTECTION OF INDIVIDUALS RECEIVING INTELLECTUAL DISABILITY SERVICES › Subchapter C - RIGHTS OF INDIVIDUALS WITH AN INTELLECTUAL DISABILITY › Section 4.117 - Rights Handbooks

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 4 - RIGHTS AND PROTECTION OF INDIVIDUALS RECEIVING INTELLECTUAL DISABILITY SERVICES › Subchapter C - RIGHTS OF INDIVIDUALS WITH AN INTELLECTUAL DISABILITY › Section 4.119 - Communication of Rights to an Individual Receiving Services and Supports and to an LAR

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 4 - RIGHTS AND PROTECTION OF INDIVIDUALS RECEIVING INTELLECTUAL DISABILITY SERVICES › Subchapter C - RIGHTS OF INDIVIDUALS WITH AN INTELLECTUAL DISABILITY › Section 4.121 - Staff Training in Rights

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 4 - RIGHTS AND PROTECTION OF INDIVIDUALS RECEIVING INTELLECTUAL DISABILITY SERVICES › Subchapter D - ADMINISTRATIVE HEARINGS UNDER TEXAS HEALTH AND SAFETY CODE, TITLE 7, SUBTITLE D › Section 4.151 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this subchapter is to describe fair and
					 equitable process and procedures for conducting administrative hearings
					 requested under the Persons with Mental Retardation Act, Texas Health and
					 Safety Code, Title 7, Subtitle D, to contest:
(1) the conclusion of a determination of
				  mental retardation conducted by a state MR facility or mental retardation
				  authority;
(2) the denial of an
				  individual's or LAR's request to transfer or discharge the individual;
				  and
(3) a state MR facility's
				  proposed transfer or discharge of an individual.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 4 - RIGHTS AND PROTECTION OF INDIVIDUALS RECEIVING INTELLECTUAL DISABILITY SERVICES › Subchapter D - ADMINISTRATIVE HEARINGS UNDER TEXAS HEALTH AND SAFETY CODE, TITLE 7, SUBTITLE D › Section 4.152 - Application

Current through Reg. 49, No. 28; July 12, 2024
The provisions of this subchapter apply to:
(1) state MR facilities;
(2) mental retardation authorities;
				  and
(3) TDMHMR Central
				  Office.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 4 - RIGHTS AND PROTECTION OF INDIVIDUALS RECEIVING INTELLECTUAL DISABILITY SERVICES › Subchapter D - ADMINISTRATIVE HEARINGS UNDER TEXAS HEALTH AND SAFETY CODE, TITLE 7, SUBTITLE D › Section 4.153 - 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 or chief executive
				  officer--The superintendent of a state MR facility or the executive director of
				  a mental retardation authority.
(2)
				  Discharge--The release by TDMHMR of an individual committed or voluntarily
				  admitted for residential mental retardation services from the custody and care
				  of a state MR facility and the termination of the individual's assignment to
				  the state MR facility in the Client Assignment and Registration System
				  (CARE).
(3) Hearing officer--An
				  attorney designated to conduct and preside over an administrative hearing held
				  under this subchapter.
(4)
				  Individual--A person who is seeking or receiving residential mental retardation
				  services from a state MR facility or mental retardation services from a mental
				  retardation authority.
(5) LAR or
				  legally authorized representative--A person authorized by law to act on behalf
				  of an individual with regard to a matter in this subchapter, and who may
				  include a parent, guardian, or managing conservator of a minor individual; a
				  guardian of an adult.
(6) Mental
				  retardation authority--An entity designated by the commissioner to which the
				  Texas Mental Health and Mental Retardation Board delegates its authority and
				  responsibility for planning, policy development, coordination, and resource
				  allocation, and resource development for and oversight of mental retardation
				  services and supports in one or more local service areas.
(7) Party--Each person and the state MR
				  facility or mental retardation authority named or admitted as a party in an
				  administrative hearing held under this subchapter.
(8) Preponderance of evidence--Evidence which
				  is of greater weight or more convincing than the evidence which is offered in
				  opposition to it.
(9) State MR
				  facility--A facility operated by TDMHMR that provides residential mental
				  retardation services to individuals with mental retardation.
(10) Transfer--The reassignment of an
				  individual from one state MR facility to another state MR facility.
(11) Trial de novo--A new trial, which is
				  held as if no administrative hearing had been held.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 4 - RIGHTS AND PROTECTION OF INDIVIDUALS RECEIVING INTELLECTUAL DISABILITY SERVICES › Subchapter D - ADMINISTRATIVE HEARINGS UNDER TEXAS HEALTH AND SAFETY CODE, TITLE 7, SUBTITLE D › Section 4.154 - General Principles

Current through Reg. 49, No. 28; July 12, 2024
(a) An individual
				  or LAR is entitled to request an administrative hearing to contest:
(1) the conclusion of a determination of
				  mental retardation conducted by a state MR facility or mental retardation
				  authority, as provided by the Texas Health and Safety Code, §
											592.019;
(2) the denial of an individual's or LAR's
				  request to transfer or discharge the individual, as provided by the Texas
				  Health and Safety Code, §
											594.012;
				  or
(3) a state MR facility's
				  proposed transfer or discharge of an individual, as provided by the Texas
				  Health and Safety Code, §
											594.014.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 4 - RIGHTS AND PROTECTION OF INDIVIDUALS RECEIVING INTELLECTUAL DISABILITY SERVICES › Subchapter D - ADMINISTRATIVE HEARINGS UNDER TEXAS HEALTH AND SAFETY CODE, TITLE 7, SUBTITLE D › Section 4.155 - Notice

Current through Reg. 49, No. 28; July 12, 2024
(a) Written notice to the individual or LAR
				  of the right to request an administrative hearing must be provided by:
(1) the state MR facility or mental
				  retardation authority, as applicable, at the time the report, as referenced in
				  §415.755(h) of this title (relating to Determination of Mental Retardation
				  (DMR)), is provided to the individual or LAR who requested the determination of
				  mental retardation;
(2) a state MR
				  facility, upon its denial of a request by the individual or LAR for a transfer
				  or discharge; or
(3) a state MR
				  facility, at least 31 calendar days before the date of the state MR facility's
				  proposed transfer or discharge of the individual.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 4 - RIGHTS AND PROTECTION OF INDIVIDUALS RECEIVING INTELLECTUAL DISABILITY SERVICES › Subchapter D - ADMINISTRATIVE HEARINGS UNDER TEXAS HEALTH AND SAFETY CODE, TITLE 7, SUBTITLE D › Section 4.156 - Request for an Administrative Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  request for an administrative hearing must be received by the state MR facility
				  or mental retardation authority within 30 calendar days after the individual's
				  or LAR's receipt of notice referenced in §414.155(a) of this title
				  (relating to Notice).
(b) The
				  request for administrative hearing must be submitted in accordance with the
				  instructions provided in the notice referenced in §414.155(a) of this
				  title (relating to Notice).
(c) The
				  request for an administrative hearing may be oral or in writing.
(d) The state MR facility or mental
				  retardation authority, as appropriate, must document in writing an oral request
				  for an administrative hearing.
(e)
				  The state MR facility or mental retardation authority, as appropriate, must
				  forward the request for an administrative hearing to the TDMHMR's Office of
				  Legal Services within one working day after receipt of the request.
(f) A party may not take action to transfer
				  or discharge an individual if an administrative hearing is requested under
				  subsection (a)(2) or (a)(3) of § 414.154 of this title (relating to
				  General Principles).
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 4 - RIGHTS AND PROTECTION OF INDIVIDUALS RECEIVING INTELLECTUAL DISABILITY SERVICES › Subchapter D - ADMINISTRATIVE HEARINGS UNDER TEXAS HEALTH AND SAFETY CODE, TITLE 7, SUBTITLE D › Section 4.157 - Preliminary Matters

Current through Reg. 49, No. 28; July 12, 2024
(a) The hearing
				  officer must contact the person who requested a hearing within five working
				  days after the receipt of the request by the Office of Legal
				  Services.
(b) The hearing officer
				  must set a date, time, and location convenient for the parties for the
				  administrative hearing. The hearing officer may conduct the hearing by
				  telephone for appropriate reasons, including the location of the person who
				  requested the hearing and other persons who will be participating in the
				  hearing
(c) The administrative
				  hearing must be held no later than 30 calendar days after the date the hearing
				  was requested, unless a continuance beyond 30 calendar days is agreed to by the
				  person who requested the hearing.
(d) The hearing officer must, at least 20
				  calendar days prior to the date of the hearing, send a written notice of the
				  hearing to the person who requested the hearing and the CEO.
(e) The notice must contain:
(1) the time, date, and location of the
				  hearing;
(2) the issue being
				  contested at the hearing;
(3) a
				  statement that the individual or LAR may represent himself or herself or choose
				  another person as a representative;
(4) a statement that each party must, upon
				  request, provide the other parties with the opportunity to examine and copy any
				  records concerning the individual and relevant to the contested issue at least
				  14 calendar days prior to the hearing;
(5) a statement that requests for reasonable
				  accommodations or for interpreters at the hearing must be made to the hearing
				  officer, in writing, at least five calendar days prior to the hearing;
				  and
(6) a copy of this
				  subchapter.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 4 - RIGHTS AND PROTECTION OF INDIVIDUALS RECEIVING INTELLECTUAL DISABILITY SERVICES › Subchapter D - ADMINISTRATIVE HEARINGS UNDER TEXAS HEALTH AND SAFETY CODE, TITLE 7, SUBTITLE D › Section 4.158 - Burden of Proof

Current through Reg. 49, No. 28; July 12, 2024
(a) For hearings held
				  under the Texas Health and Safety Code, §
										593.008,
				  the state MR facility or mental retardation authority, as appropriate, has the
				  burden of proof by a preponderance of the evidence to demonstrate that the
				  conclusion of the determination of mental retardation as to whether or not the
				  individual has mental retardation is accurate.
(b) For hearings held for actions described
				  under the Texas Health and Safety Code, §
										594.012,
				  the state MR facility has the burden of proof by a preponderance of the
				  evidence to demonstrate that the criteria for transfer or discharge have not
				  been met, as set forth in:
(1) the Texas
				  Health and Safety Code, §
											594.011;
(2)
											§412.271(b) of this title (relating
				  to Transfer of an Individual Between State MR Facilities);
(3)
											§ 412.279 of this title (relating to
				  Discharge from a State MR Facility of an Individual Who Moves to an Alternate
				  Living Arrangement); or
(4)
											§
				  412.282 of this title (relating to Review by Local MRA of Individual in a
				  Community Living Arrangement).
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 4 - RIGHTS AND PROTECTION OF INDIVIDUALS RECEIVING INTELLECTUAL DISABILITY SERVICES › Subchapter D - ADMINISTRATIVE HEARINGS UNDER TEXAS HEALTH AND SAFETY CODE, TITLE 7, SUBTITLE D › Section 4.159 - The Administrative Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The person requesting the hearing has the option of having the hearing open or
				  closed to the public.
(b) The
				  individual, LAR, and CEO have the right to:
(1) be present at the hearing and represent
				  themselves or have another person represent them;
(2) examine witnesses;
(3) present oral and written testimony and
				  evidence;
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 4 - RIGHTS AND PROTECTION OF INDIVIDUALS RECEIVING INTELLECTUAL DISABILITY SERVICES › Subchapter D - ADMINISTRATIVE HEARINGS UNDER TEXAS HEALTH AND SAFETY CODE, TITLE 7, SUBTITLE D › Section 4.160 - Hearing Officer's Decision

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Within 10 working days after the hearing, the hearing officer must send a
				  written decision to all parties that includes:
(1) findings of fact, the reasons for those
				  findings, and conclusions of law;
(2) a statement that to appeal the decision,
				  a party must file an appeal with the county court of Travis County or county in
				  which the individual resides within 30 calendar days of the date of the written
				  decision; and
(3) a statement that
				  the decision is final on the 31st calendar day after the date of the written
				  decision, unless an appeal is timely filed.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 4 - RIGHTS AND PROTECTION OF INDIVIDUALS RECEIVING INTELLECTUAL DISABILITY SERVICES › Subchapter D - ADMINISTRATIVE HEARINGS UNDER TEXAS HEALTH AND SAFETY CODE, TITLE 7, SUBTITLE D › Section 4.161 - References

Current through Reg. 49, No. 28; July 12, 2024
Reference is made to the following statutes and TDMHMR
					 rules:
(1) Texas Health and Safety
				  Code, Title 7, Subtitle D; Title 7, Chapter 534, Subchapter A; §592.019;
				  §593.005; §593.008; §594.011; §594.012; and
				  §594.014;
(2) Texas Government
				  Code, Chapter 2001;
(3)
										§415.755(h) of this title (relating to Determination of Mental Retardation
				  (DMR);
(4)
										§412.271(b) of this
				  title (relating to Transfer of an Individual Between State MR
				  Facilities);
(5)
										§ 412.279 of
				  this title (relating to Discharge from a State MR Facility of an Individual Who
				  Moves to an Alternate Living Arrangement);
(6)
										§ 412.280 of this title (relating to
				  Administrative Discharges Initiated by a State MR Facility); and
(7)
										§ 412.282 of this title (relating to
				  Review by Local MRA of Individual in a Community Living Arrangement).
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 4 - RIGHTS AND PROTECTION OF INDIVIDUALS RECEIVING INTELLECTUAL DISABILITY SERVICES › Subchapter D - ADMINISTRATIVE HEARINGS UNDER TEXAS HEALTH AND SAFETY CODE, TITLE 7, SUBTITLE D › Section 4.162 - Distribution

Current through Reg. 49, No. 28; July 12, 2024
This subchapter shall be distributed to:
(1) members of the Texas MHMR
				  Board;
(2) executive, management,
				  and program staff at Central Office;
(3) superintendents/directors of all state MR
				  facilities;
(4) executive directors
				  of all mental retardation authorities; and
(5) advocacy organizations.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 4 - RIGHTS AND PROTECTION OF INDIVIDUALS RECEIVING INTELLECTUAL DISABILITY SERVICES › Subchapter K - CRIMINAL HISTORY AND REGISTRY CLEARANCES › Section 4.501 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 4 - RIGHTS AND PROTECTION OF INDIVIDUALS RECEIVING INTELLECTUAL DISABILITY SERVICES › Subchapter K - CRIMINAL HISTORY AND REGISTRY CLEARANCES › Section 4.502 - Application

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 4 - RIGHTS AND PROTECTION OF INDIVIDUALS RECEIVING INTELLECTUAL DISABILITY SERVICES › Subchapter K - CRIMINAL HISTORY AND REGISTRY CLEARANCES › Section 4.503 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 4 - RIGHTS AND PROTECTION OF INDIVIDUALS RECEIVING INTELLECTUAL DISABILITY SERVICES › Subchapter K - CRIMINAL HISTORY AND REGISTRY CLEARANCES › Section 4.505 - Prohibition to Employment or Contractual or Volunteer Status

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 4 - RIGHTS AND PROTECTION OF INDIVIDUALS RECEIVING INTELLECTUAL DISABILITY SERVICES › Subchapter K - CRIMINAL HISTORY AND REGISTRY CLEARANCES › Section 4.507 - Conducting Criminal History and Registry Checks

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 4 - RIGHTS AND PROTECTION OF INDIVIDUALS RECEIVING INTELLECTUAL DISABILITY SERVICES › Subchapter K - CRIMINAL HISTORY AND REGISTRY CLEARANCES › Section 4.509 - Self-Reporting a Criminal Offense Charge or Conviction

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 4 - RIGHTS AND PROTECTION OF INDIVIDUALS RECEIVING INTELLECTUAL DISABILITY SERVICES › Subchapter K - CRIMINAL HISTORY AND REGISTRY CLEARANCES › Section 4.511 - MRA and Community Center Policies Related to Criminal History and Registry Checks

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 4 - RIGHTS AND PROTECTION OF INDIVIDUALS RECEIVING INTELLECTUAL DISABILITY SERVICES › Subchapter K - CRIMINAL HISTORY AND REGISTRY CLEARANCES › Section 4.513 - Contract Agency

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 4 - RIGHTS AND PROTECTION OF INDIVIDUALS RECEIVING INTELLECTUAL DISABILITY SERVICES › Subchapter L - ABUSE, NEGLECT, AND EXPLOITATION IN LOCAL AUTHORITIES AND COMMUNITY CENTERS › Section 4.551 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 4 - RIGHTS AND PROTECTION OF INDIVIDUALS RECEIVING INTELLECTUAL DISABILITY SERVICES › Subchapter L - ABUSE, NEGLECT, AND EXPLOITATION IN LOCAL AUTHORITIES AND COMMUNITY CENTERS › Section 4.552 - Application

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 4 - RIGHTS AND PROTECTION OF INDIVIDUALS RECEIVING INTELLECTUAL DISABILITY SERVICES › Subchapter L - ABUSE, NEGLECT, AND EXPLOITATION IN LOCAL AUTHORITIES AND COMMUNITY CENTERS › Section 4.553 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 4 - RIGHTS AND PROTECTION OF INDIVIDUALS RECEIVING INTELLECTUAL DISABILITY SERVICES › Subchapter L - ABUSE, NEGLECT, AND EXPLOITATION IN LOCAL AUTHORITIES AND COMMUNITY CENTERS › Section 4.554 - Responsibilities of Local Authorities, Community Centers, and Contractors

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 4 - RIGHTS AND PROTECTION OF INDIVIDUALS RECEIVING INTELLECTUAL DISABILITY SERVICES › Subchapter L - ABUSE, NEGLECT, AND EXPLOITATION IN LOCAL AUTHORITIES AND COMMUNITY CENTERS › Section 4.555 - Information To Be Provided to Victim or Alleged Victim and Others

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 4 - RIGHTS AND PROTECTION OF INDIVIDUALS RECEIVING INTELLECTUAL DISABILITY SERVICES › Subchapter L - ABUSE, NEGLECT, AND EXPLOITATION IN LOCAL AUTHORITIES AND COMMUNITY CENTERS › Section 4.556 - Investigations Conducted by the Texas Department of Protective and Regulatory Services (TDPRS)

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 4 - RIGHTS AND PROTECTION OF INDIVIDUALS RECEIVING INTELLECTUAL DISABILITY SERVICES › Subchapter L - ABUSE, NEGLECT, AND EXPLOITATION IN LOCAL AUTHORITIES AND COMMUNITY CENTERS › Section 4.557 - Disciplinary and Other Action

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 4 - RIGHTS AND PROTECTION OF INDIVIDUALS RECEIVING INTELLECTUAL DISABILITY SERVICES › Subchapter L - ABUSE, NEGLECT, AND EXPLOITATION IN LOCAL AUTHORITIES AND COMMUNITY CENTERS › Section 4.558 - Data Reporting Responsibilities

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 4 - RIGHTS AND PROTECTION OF INDIVIDUALS RECEIVING INTELLECTUAL DISABILITY SERVICES › Subchapter L - ABUSE, NEGLECT, AND EXPLOITATION IN LOCAL AUTHORITIES AND COMMUNITY CENTERS › Section 4.559 - Confidentiality of Investigative Process and Report

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 4 - RIGHTS AND PROTECTION OF INDIVIDUALS RECEIVING INTELLECTUAL DISABILITY SERVICES › Subchapter L - ABUSE, NEGLECT, AND EXPLOITATION IN LOCAL AUTHORITIES AND COMMUNITY CENTERS › Section 4.560 - Competency of Employees and Agents

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 4 - RIGHTS AND PROTECTION OF INDIVIDUALS RECEIVING INTELLECTUAL DISABILITY SERVICES › Subchapter L - ABUSE, NEGLECT, AND EXPLOITATION IN LOCAL AUTHORITIES AND COMMUNITY CENTERS › Section 4.561 - TDMHMR Oversight Responsibilities

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 4 - RIGHTS AND PROTECTION OF INDIVIDUALS RECEIVING INTELLECTUAL DISABILITY SERVICES › Subchapter L - ABUSE, NEGLECT, AND EXPLOITATION IN LOCAL AUTHORITIES AND COMMUNITY CENTERS › Section 4.562 - Exhibits

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 4 - RIGHTS AND PROTECTION OF INDIVIDUALS RECEIVING INTELLECTUAL DISABILITY SERVICES › Subchapter L - ABUSE, NEGLECT, AND EXPLOITATION IN LOCAL AUTHORITIES AND COMMUNITY CENTERS › Section 4.563 - References

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 4 - RIGHTS AND PROTECTION OF INDIVIDUALS RECEIVING INTELLECTUAL DISABILITY SERVICES › Subchapter L - ABUSE, NEGLECT, AND EXPLOITATION IN LOCAL AUTHORITIES AND COMMUNITY CENTERS › Section 4.564 - Distribution

Current through Reg. 49, No. 28; July 12, 2024
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 5.1 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
(a) The purpose of this subchapter is to
				  establish standards for prescribing psychoactive medication to patients served
				  by the state mental health and mental retardation system in Texas.
(b) This subchapter is not a clinical guide
				  to prescribing psychoactive medication and is not the only source of
				  information concerning related issues of appropriate practice.
(c) Accepted guidelines, as defined in §
				  415.3 of this title (relating to Definitions) supplement the use of this
				  subchapter.
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 5.2 - Application

Current through Reg. 49, No. 28; July 12, 2024
(a) The provisions of this subchapter apply
				  to the employees and contractors of:
(1) the
				  facilities of the Texas Department of Mental Health and Mental Retardation
				  (TDMHMR); and
(2) TDMHMR local
				  authorities.
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 5.4 - Philosophy

Current through Reg. 49, No. 28; July 12, 2024
The standard of care for psychoactive medication use in
					 patients should not vary according to service setting. The variations in
					 treatment should be individualized according to patient
					 needs.
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 5.5 - General Principles

Current through Reg. 49, No. 28; July 12, 2024
(a) All state
				  facilities and LAs will establish and implement written policies and procedures
				  as approved by their medical staff in accordance with this
				  subchapter.
(b) The prescribing
				  professional will practice within the scope of his or her license with
				  supervision as appropriate to that license.
(c) The prescribing of psychoactive
				  medication will be in accordance with accepted guidelines. Use of psychoactive
				  medication that falls outside accepted guidelines may be permissible if the
				  clinical rationale is documented in the patient record.
(d) In no case will psychoactive medication
				  be used for punishment, for convenience of staff, as a substitute for
				  appropriate psychosocial treatments, or in amounts that interfere with a
				  patient's quality of life or plan of care.
(e) The patient's plan of care will reflect
				  any use of psychoactive medication as part of an integrated treatment approach
				  aimed at increasing the patient's functioning and quality of life.
(f) The prescribing professional will
				  document the rationale for initiating, continuing, or discontinuing
				  psychoactive medication in the clinical record.
(g) Medications traditionally considered
				  psychoactive may be prescribed for nonpsychiatric indications if such use is
				  supported by accepted guidelines and the provisions of this subchapter would
				  not apply.
(h) If a service setting
				  must meet other standards (external or otherwise), the more stringent standards
				  will prevail.
(i) The service
				  setting will have policies and procedures governing the scope of practice
				  regarding prescription of psychoactive medications when the prescribing
				  professional is not a psychiatrist. These policies and procedures must require
				  involvement of a psychiatrist and describe the nature, extent, and time frame
				  of this involvement regarding the following:
(1) initiation of any psychoactive
				  medication;
(2) significant changes
				  in the medication regimen other than simple titration or substitution of
				  equivalent medications;
(3)
				  institution of polypharmacy under §415.7(e)(4) of this title (relating to
				  Prescribing Parameters); and
(4)
				  prescription of any regimen that falls outside accepted guidelines, including
				  dosing guidelines.
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 5.6 - Evaluation and Diagnosis

Current through Reg. 49, No. 28; July 12, 2024
(a) Prior to
				  initiating psychoactive medication according to accepted guidelines, the
				  prescribing professional will:
(1) assess and
				  document the medical history including the chief complaint, psychiatric
				  history, substance use history, and medication history along with medication
				  allergies of the patient;
(2)
				  conduct and document a mental status examination of the patient according to
				  accepted guidelines;
(3) assess and
				  document the current physical status and general health of the patient in
				  detail sufficient for safe prescription of the medication contemplated and may
				  include a reference to a physical examination conducted within the past 12
				  months, a physical examination by the physician, or a referral of the patient
				  for a more thorough examination as appropriate to health status and service
				  setting;
(4) assess and document
				  the need for laboratory screening and other procedures to gather relevant
				  clinical information; and
(5) make
				  and document the psychiatric diagnosis in accordance with the DSM and within
				  the scope of the professional's license.
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 5.7 - Prescribing Parameters

Current through Reg. 49, No. 28; July 12, 2024
(a) Target signs
				  and symptoms. The prescribing professional will identify and document the
				  target signs and symptoms along with their initial frequency and severity for
				  each medication prescribed prior to its initial use.
(b) Choice of psychoactive medication. The
				  prescribing professional will choose the psychoactive medication in accordance
				  with accepted guidelines.
(c)
				  Laboratory and screenings. The prescribing professional will identify, order,
				  and follow up any laboratory tests, screenings, or other procedures indicated
				  by the proposed psychoactive medication and the physical condition of the
				  patient in accordance with accepted guidelines.
(d) Dose and route of administration. The
				  prescribing professional will choose doses at or below the maximum doses
				  indicated in the TDMHMR Formulary. Higher doses or unusual routes of
				  administration may be used with documentation in the patient record of
				  appropriate supporting clinical rationale. The use of nasogastric intubation
				  requires consultation with a second physician with documentation of the
				  consultation in the supporting clinical rationale.
(e) Polypharmacy. The prescribing
				  professional will not prescribe polypharmacy as a mechanism to avoid single
				  drug dosage recommendations, adequate monotherapy drug trials, or adequate
				  psychosocial treatment or programming. Polypharmacy is acceptable practice
				  when:
(1) overlapping medications are used as
				  part of a change from one medication to another;
(2) currently prescribed medication is not
				  available in the route most appropriate to a psychiatric emergency
				  situation;
(3) documentation exists
				  of inadequate patient response after simpler and safer regimens have been
				  attempted following accepted guidelines; or
(4) accepted guidelines provide no guidance
				  and appropriate single drug trials have failed, provided the rationale for
				  determining the choice to prescribe polypharmacy is documented to support the
				  situation, and:
(A) the prescribing
				  professional is privileged through the medical staff privileging process to
				  prescribe psychoactive medication; and
(B) the prescribing professional is a
				  psychiatrist, or in the case of a child patient, a child psychiatrist, or
				  consults with a psychiatrist or a child psychiatrist as appropriate prior to
				  initiating polypharmacy.
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 5.8 - Emergency Use of Psychoactive Medication

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Emergency psychoactive medications are used to treat the signs and symptoms of
				  mental illness in a psychiatric emergency when other interventions are
				  ineffective or inappropriate.
(b)
				  The selection of the medication should take into account the patient's current
				  medication regimen. Using a medication that the patient is currently prescribed
				  is preferable, if clinically indicated.
(c) All required documentation will be
				  entered into the patient's record as soon as the emergency abates.
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 5.9 - Consent and Patient Education

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Informed consent for treatment with a psychoactive medication will be obtained
				  in accordance with the provisions of Chapter 414, Subchapter I of this title
				  (relating to Consent to Treatment with Psychoactive Medication - Mental Health
				  Facilities) or Chapter 405, Subchapter I of this title (relating to Consent to
				  Treatment with Psychotropic Medication - Mental Retardation Facilities), as
				  appropriate.
(b) The use of PRN
				  medication requires an appropriate consent process in accordance with the
				  provisions referred to in subsection (a) of this section.
(c) The service setting will provide
				  individual and group medication education when appropriate to patients, their
				  families, and LARs according to accepted guidelines (e.g., TIMA patient and
				  family education guidelines). If accepted guidelines do not exist, the
				  education will discuss characteristics of the medication, including expected
				  benefits, potential adverse or side effects, dosage, standard alternative
				  treatments, legal rights, and any questions the patient, family, or LAR may
				  have. Education is also provided to address significant changes in the
				  patient's medication regimen.
(d)
				  The service setting will have policies and procedures to address medication
				  education and documentation standards.
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 5.10 - Medication Monitoring

Current through Reg. 49, No. 28; July 12, 2024
(a) All patients
				  receiving psychoactive medication will receive timely ongoing face-to-face
				  evaluation and documentation by the prescribing professional of:
(1) data collected since the last follow-up,
				  including data about the frequency, severity, and timing of target signs and
				  symptoms;
(2) effectiveness of the
				  medication in treating target signs and symptoms; and
(3) assessment for side effects and adverse
				  effects.
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 5.11 - Special Populations

Current through Reg. 49, No. 28; July 12, 2024
Special populations will be managed according to accepted
					 guidelines as appropriate to their special needs.
(1) Patients with dyskinesias, including
				  tardive dyskinesia.
(A) A diagnosis of a
				  dyskinesia will be verified by a psychiatrist or neurologist and documented in
				  the patient record along with suspected or known duration and
				  severity.
(B) The patient and, as
				  appropriate, family and LAR will receive relevant education about the diagnosis
				  and its implications for psychoactive medication use.
(C) Risks and benefits of continued
				  psychoactive medication use will be assessed and communicated to the patient
				  and, as appropriate, family or LAR. If continued use is recommended, a new
				  consent for medication will be obtained.
(D) If continued use of psychoactive
				  medication is contemplated, then the prescribing professional, if not a
				  psychiatrist or neurologist, must obtain and document consultation from a
				  psychiatrist or neurologist.