reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter I - FOSTER CARE SERVICES: SERVICE PLANNING, DISCHARGE › Division 2 - SERVICE PLAN REVIEW AND UPDATES › Section 749.1335 - How do I review and update a service plan?

Current through Reg. 49, No. 28; July 12, 2024
To review and update a service plan, you must:
(1) Evaluate the child's progress and the
					 effectiveness of strategies and techniques used toward meeting identified
					 needs, including educational progress reports and medical
					 interventions;
(2) Identify any new
					 needs and strategies or techniques to meet these needs, including instructions
					 to appropriate employees and caregivers;
(3) Document any achieved or changed
					 objectives;
(4) If the review shows
					 no progress towards meeting the identified needs of the child, document reasons
					 for continued placement;
(5)
					 Evaluate the possible effectiveness and side effects in the use of psychotropic
					 medications prescribed for the child, any change in psychotropic medications
					 during the period since the last review, and the behaviors and reactions of the
					 child observed by caregivers, professional service providers, and parents, if
					 applicable;
(6) Document visitation
					 and contacts between the child and the child's parents, the child and the
					 child's siblings, and the child and the child's extended family;
(7) Update the estimated length-of-stay and
					 discharge plans, if changed;
(8)
					 Evaluate the use and effectiveness of emergency behavior intervention
					 techniques, if used, since the last service plan. If applicable, this
					 evaluation must focus on:
(A) The frequency,
					 patterns, and effectiveness of types of emergency behavior
					 interventions;
(B) Strategies to
					 reduce the need for emergency behavior interventions overall; and
(C) Specific strategies to reduce the need
					 for use of personal restraints or emergency medication, as
					 applicable;
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter I - FOSTER CARE SERVICES: SERVICE PLANNING, DISCHARGE › Division 2 - SERVICE PLAN REVIEW AND UPDATES › Section 749.1336 - Can the child-placing agency continue to review and update a child's previous service plan without creating a new service plan?

Current through Reg. 49, No. 28; July 12, 2024
Yes, a single service plan that continues throughout the
						time a child is in residential child care is acceptable, as long as you:
(1) Complete a preliminary service plan as
					 required by § 749.1301 of Title 40 (relating to What are the requirements
					 for a preliminary service plan?) each time a child is admitted into your care;
					 and
(2) Continue to comply with the
					 service plan review and update requirements in this Division of this Subchapter
					 (relating to Service Plan Reviews and Updates).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter I - FOSTER CARE SERVICES: SERVICE PLANNING, DISCHARGE › Division 2 - SERVICE PLAN REVIEW AND UPDATES › Section 749.1337 - Are the notification, participation, implementation, and documentation requirements for a service plan review and update the same as for an initial service plan?

Current through Reg. 49, No. 28; July 12, 2024
Yes, the same requirements found in Division 1 of this
						subchapter (relating to Service Plans) apply to a service plan review and
						update.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter I - FOSTER CARE SERVICES: SERVICE PLANNING, DISCHARGE › Division 2 - SERVICE PLAN REVIEW AND UPDATES › Section 749.1339 - How often must I re-evaluate the intellectual functioning of a child receiving treatment services for intellectual disabilities?

Current through Reg. 49, No. 28; July 12, 2024
(a) Each child's intellectual functioning
					 must be re-evaluated at least every three years by a psychologist qualified to
					 provide psychological testing; or
(b) A psychologist must determine the need
					 and frequency for a specific child's intellectual functioning to be
					 re-evaluated, such as a young child who may require more frequent testing. This
					 determination, including justification for the time frame, must be documented
					 in the child's record annually by the service planning team.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter I - FOSTER CARE SERVICES: SERVICE PLANNING, DISCHARGE › Division 3 - DISCHARGE AND TRANSFER PLANNING › Section 749.1361 - What does a "transfer" of a child in care mean?

Current through Reg. 49, No. 28; July 12, 2024
A transfer refers to a child in care who is moved from
						one of your programs to another one of your programs operated under the same
						permit or at the same location. For example, a child may transfer from one
						foster home in which he was receiving treatment services to another foster home
						that offers a transitional living program. A child may also transfer from your
						child-placing agency to your general residential operation, if your
						child-placing agency office is located on the same property as your general
						residential operation. This term does not apply if the child experiences a
						change in programs or services but remains in the same foster home. This term
						also does not apply if the child moves from one foster home to another for a
						reason other than a need for different services/programming, such as moving to
						be closer to siblings.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter I - FOSTER CARE SERVICES: SERVICE PLANNING, DISCHARGE › Division 3 - DISCHARGE AND TRANSFER PLANNING › Section 749.1363 - Who must plan a child's non-emergency discharge or transfer?

Current through Reg. 49, No. 28; July 12, 2024
(a) You must involve at least the following
					 persons in planning the child's non-emergency discharge or transfer:
(1) At least one of the child's current
					 caregivers; and
(2) At least one
					 professional service provider involved in the child's service
					 planning.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter I - FOSTER CARE SERVICES: SERVICE PLANNING, DISCHARGE › Division 3 - DISCHARGE AND TRANSFER PLANNING › Section 749.1365 - May a foster home release a child to any person without my consent?

Current through Reg. 49, No. 28; July 12, 2024
No, the foster home must not release a child to any
						person without your consent.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter I - FOSTER CARE SERVICES: SERVICE PLANNING, DISCHARGE › Division 3 - DISCHARGE AND TRANSFER PLANNING › Section 749.1367 - To whom can I discharge a child in a non-emergency situation?

Current through Reg. 49, No. 28; July 12, 2024
You must discharge a child to the child's parent or to
						anyone with written authorization from the parent or a person authorized by the
						court or by law to assume custody of the child.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter I - FOSTER CARE SERVICES: SERVICE PLANNING, DISCHARGE › Division 3 - DISCHARGE AND TRANSFER PLANNING › Section 749.1369 - How do I discharge or transfer a child who is an immediate danger to self or others?

Current through Reg. 49, No. 28; July 12, 2024
The child's caregiver(s) or the child placement staff
						must accompany the child to the receiving operation, agency, or person unless
						the child's parent or law enforcement transports the child.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter I - FOSTER CARE SERVICES: SERVICE PLANNING, DISCHARGE › Division 3 - DISCHARGE AND TRANSFER PLANNING › Section 749.1371 - What must I document in the child's record at the time of a discharge or transfer?

Current through Reg. 49, No. 28; July 12, 2024
At the time of a discharge or transfer, you must document
						the following:
(1) The date and
					 circumstances of the discharge or transfer;
(2) Date and time the child was informed of
					 his discharge or transfer, if applicable;
(3) For discharge, the name, address,
					 telephone number and relationship of the person to whom you discharge the
					 child, unless the child legally consents to a discharge. If the child legally
					 consents to a discharge and does not want to involve the child's parent(s), you
					 must document this in the child's record;
(4) The child's service plans while in your
					 care for the past 12 months;
(5) A
					 list of medications the child is taking, the dosage, frequency, and reason the
					 medication was prescribed;
(6) Any
					 treatment for a physical condition that is in progress and requires continuing
					 or follow-up medical care; and
(7)
					 For emergency discharge or transfer, the explanation given to the child
					 regarding the reason for the discharge or transfer and the child's reaction to
					 the discharge or transfer.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter I - FOSTER CARE SERVICES: SERVICE PLANNING, DISCHARGE › Division 3 - DISCHARGE AND TRANSFER PLANNING › Section 749.1373 - When I discharge a child, what information must I provide to the next placement or caregiver?

Current through Reg. 49, No. 28; July 12, 2024
(a) On or before
					 the child's discharge, you must attempt to obtain legal consent to release the
					 information in subsection (b) of this section. If consent is not obtained, your
					 attempt to obtain consent must be documented in the child's record. If consent
					 is obtained, the information must be provided to the receiving placement or
					 caregiver within 15 days of the date the child is discharged.
(b) If not already provided at the time of
					 discharge, copies of the following documentation must be provided to the next
					 placement or caregiver:
(1) A written
					 discharge summary, which must include:
(A)
					 Services provided to the child while in your care;
(B) Accomplishments of the child while in
					 your care;
(C) An assessment of the
					 child's remaining needs;
(D)
					 Recommendations about the services to meet the child's remaining
					 needs;
(E) Support resources for
					 the child, including telephone numbers and addresses; and
(F) Aftercare plans and recommendations for
					 the child, including medical, psychiatric, psychological, dental, educational,
					 and social appointments;
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter I - FOSTER CARE SERVICES: SERVICE PLANNING, DISCHARGE › Division 3 - DISCHARGE AND TRANSFER PLANNING › Section 749.1377 - What constitutes an emergency discharge or transfer?

Current through Reg. 49, No. 28; July 12, 2024
An emergency transfer or discharge occurs when:
(1) The parent withdraws a child unexpectedly
					 from care;
(2) There is a medical
					 emergency requiring inpatient care;
(3) The child is absent from the home and
					 cannot be located; or
(4) There is
					 an immediate danger to the child or others and you determine that you cannot
					 serve the child.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter J - FOSTER CARE SERVICES: MEDICAL AND DENTAL › Division 1 - MEDICAL AND DENTAL CARE › Section 749.1401 - What general medical requirements must my agency meet?

Current through Reg. 49, No. 28; July 12, 2024
(a) A child in your care must receive medical
					 care:
(1) Initially, according to the
					 requirements in § 749.1151 of Title 40 (relating to What are the medical
					 requirements when I admit a child into care?);
(2) As needed for injury, illness, and pain;
					 and
(3) As needed for ongoing
					 maintenance of medical health.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter J - FOSTER CARE SERVICES: MEDICAL AND DENTAL › Division 1 - MEDICAL AND DENTAL CARE › Section 749.1403 - Who determines the need and frequency for ongoing maintenance of medical care and treatment for a child?

Current through Reg. 49, No. 28; July 12, 2024
A health-care professional determines the need and
						frequency for ongoing maintenance of medical care and treatment for a
						child.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter J - FOSTER CARE SERVICES: MEDICAL AND DENTAL › Division 1 - MEDICAL AND DENTAL CARE › Section 749.1405 - Who must perform medical care examinations and provide medical treatment for a child?

Current through Reg. 49, No. 28; July 12, 2024
A health-care professional licensed in the United States
						to practice in an appropriate medical or health-care discipline must perform
						medical care examinations and provide medical treatment for a
						child.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter J - FOSTER CARE SERVICES: MEDICAL AND DENTAL › Division 1 - MEDICAL AND DENTAL CARE › Section 749.1409 - What general dental requirements must my agency meet?

Current through Reg. 49, No. 28; July 12, 2024
(a) A child in your care must receive dental
					 care:
(1) Initially, according to the
					 requirements in § 749.1153 of Title 40 (relating to What are the dental
					 requirements when I admit a child into care?);
(2) At as early an age as
					 necessary;
(3) As needed for relief
					 of pain and infections; and
(4) As
					 needed for ongoing maintenance of dental health.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter J - FOSTER CARE SERVICES: MEDICAL AND DENTAL › Division 1 - MEDICAL AND DENTAL CARE › Section 749.1411 - Who must determine the frequency and need for ongoing maintenance of dental health for a child?

Current through Reg. 49, No. 28; July 12, 2024
A licensed dentist must determine the frequency and need
						for ongoing maintenance of dental health for a child. You must comply with
						dentist recommendations for examinations and treatment for each
						child
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter J - FOSTER CARE SERVICES: MEDICAL AND DENTAL › Division 1 - MEDICAL AND DENTAL CARE › Section 749.1413 - Who must perform dental examinations and provide dental treatment?

Current through Reg. 49, No. 28; July 12, 2024
A health-care professional licensed in the United States
						to practice dentistry must provide dental care.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter J - FOSTER CARE SERVICES: MEDICAL AND DENTAL › Division 1 - MEDICAL AND DENTAL CARE › Section 749.1415 - What health precautions must I take if a person in care, employee, caregiver, someone else in one of my foster homes, or someone else in my agency has a communicable disease?

Current through Reg. 49, No. 28; July 12, 2024
(a) You must
					 notify the Department of State Health Services (DSHS) after you become aware
					 that a person in your care, an employee, a contract service provider, a
					 caregiver, someone else in one of your foster homes, or a volunteer has
					 contracted a communicable disease that the law requires you to report to the
					 DSHS as specified in 25 TAC Chapter 97, Subchapter A (relating to Control of
					 Communicable Diseases).
(b) If a
					 person in your care has symptoms of a communicable disease that is reportable
					 to the DSHS, you must:
(1) Consult a
					 health-care professional about the person's treatment;
(2) Follow the treating physician's orders,
					 which may include separating the person from others;
(3) Notify the person's parent, if
					 applicable; and
(4) Sanitize all
					 items used by the sick person before another person uses one of them.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter J - FOSTER CARE SERVICES: MEDICAL AND DENTAL › Division 1 - MEDICAL AND DENTAL CARE › Section 749.1417 - Who must have a tuberculosis (TB) examination?

Current through Reg. 49, No. 28; July 12, 2024
(a) All persons over the age of one year old
					 must have a documented tuberculosis screening that was conducted as recommended
					 by the Center for Disease Control (CDC) within 30 days before or after
					 beginning to live, work, or volunteer at your operation unless the person:
(1) Has lived, worked, or volunteered at a
					 regulated residential child-care operation within the previous 12 months. For
					 example, an employee beginning employment in a regulated residential child-care
					 operation for the first time would need a baseline tuberculosis screening.
					 Employment in a different residential child-care operation would not require a
					 new screening, as long as documentation in paragraph (2) of this subsection is
					 also provided. If the employee left employment in regulated residential
					 child-care for more than 12 months and then returned, a new screening would be
					 required; and
(2) Provides
					 documentation of a tuberculosis screening.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter J - FOSTER CARE SERVICES: MEDICAL AND DENTAL › Division 1 - MEDICAL AND DENTAL CARE › Section 749.1421 - What immunizations must a child in my care have?

Current through Reg. 49, No. 28; July 12, 2024
(a) Each child that you admit must meet and
					 continue to meet applicable immunization requirements as specified by the
					 Department of State Health Services.
(b) You must maintain current immunizations
					 records for each child in your care, including any immunization exemptions or
					 exceptions.
(c) Unless the child is
					 exempt from immunization requirements, all immunizations required for the
					 child's age must:
(1) Be completed by the date
					 of admission; or
(2) Begin within
					 30 days after admission.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter J - FOSTER CARE SERVICES: MEDICAL AND DENTAL › Division 1 - MEDICAL AND DENTAL CARE › Section 749.1423 - What exemptions or exceptions are there concerning immunization requirements?

Current through Reg. 49, No. 28; July 12, 2024
(a) A child
					 may be exempt from immunization requirements for a medical reason and reason of
					 conscience, including a religious belief. To claim an exemption, the person
					 applying for the child's admission must meet criteria specified by:
(1)
												§ 42.043(d) and (d-1) of the Human
					 Resources Code; or
(2) The
					 Department of State Health Services rule in 25 TAC §
												97.62(relating
					 to Exclusions from Compliance).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter J - FOSTER CARE SERVICES: MEDICAL AND DENTAL › Division 1 - MEDICAL AND DENTAL CARE › Section 749.1425 - What documentation is acceptable for an immunization record?

Current through Reg. 49, No. 28; July 12, 2024
Acceptable documentation includes:
(1) An official immunization record generated
					 from a state or local health authority, including a record from another state.
					 Examples include a registry, a copy of the current immunization record that is
					 on file at the pre-kindergarten program or school, or the health passport for a
					 child in the conservatorship of DFPS, so long as the record includes:
(A) The child's name and date of
					 birth;
(B) The type of vaccine and
					 number of doses; and
(C) The month,
					 day, and year the child received each vaccination; or
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter J - FOSTER CARE SERVICES: MEDICAL AND DENTAL › Division 1 - MEDICAL AND DENTAL CARE › Section 749.1427 - Must children in my care have a vision and hearing screening?

Current through Reg. 49, No. 28; July 12, 2024
(a) You must ensure that each child you admit
					 is screened for possible vision and hearing problems that meet the requirements
					 of the Special Senses and Communication Disorders Act, Health and Safety Code,
					 Chapter 36. If problems are detected, the child must have a professional vision
					 and hearing examination.
(b) For
					 each child required to be screened, you must keep one of the following in each
					 child's record:
(1) The individual vision and
					 hearing screening results; however, results found in the child's health
					 passport if the child is in DFPS conservatorship are sufficient to meet this
					 requirement;
(2) A signed statement
					 from the child's parent that the child's screening records are current and on
					 file at the program or school the child attends away from the agency. The
					 statement must be dated and include the name, address, and telephone number of
					 the program or school; or
(3) An
					 affidavit from the child's parent stating that the vision or hearing screening
					 and/or examination conflicts with the tenets or practices of a church or
					 religious denomination of the parents.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter J - FOSTER CARE SERVICES: MEDICAL AND DENTAL › Division 1 - MEDICAL AND DENTAL CARE › Section 749.1429 - What must I do if a child in my care is identified as needing a diagnostic vision or hearing examination?

Current through Reg. 49, No. 28; July 12, 2024
You must:
(1)
					 Schedule the child for professional examination and needed health
					 services;
(2) Ensure the
					 professional and medical recommendations are carried out; and
(3) Convey the information concerning the
					 child's visual and/or hearing difficulty to the educational and agency
					 caregivers, so the recommended adjustments can be made in programs.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter J - FOSTER CARE SERVICES: MEDICAL AND DENTAL › Division 1 - MEDICAL AND DENTAL CARE › Section 749.1431 - What special equipment must I provide for a child with a physical disability?

Current through Reg. 49, No. 28; July 12, 2024
When recommended by a physician or other health-care
						professional, you must ensure that a child with a physical disability has any
						special equipment recommended that can be reasonably
						obtained.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter J - FOSTER CARE SERVICES: MEDICAL AND DENTAL › Division 1 - MEDICAL AND DENTAL CARE › Section 749.1433 - How often must the physician review a child's primary medical needs?

Current through Reg. 49, No. 28; July 12, 2024
(a) A licensed physician must review a
					 child's primary medical needs:
(1) At least
					 every 90 days or on a schedule recommended by the child's physician;
					 and
(2) Whenever a medical or
					 related problem occurs.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter J - FOSTER CARE SERVICES: MEDICAL AND DENTAL › Division 1 - MEDICAL AND DENTAL CARE › Section 749.1435 - What are the requirements for using a nasogastric tube?

Current through Reg. 49, No. 28; July 12, 2024
(a) Only the following may insert a
					 nasogastric tube:
(1) A physician;
(2) A licensed nurse according to a
					 physician's written orders; or
(3)
					 A caregiver instructed by a licensed nurse according to a physician's written
					 orders.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter J - FOSTER CARE SERVICES: MEDICAL AND DENTAL › Division 1 - MEDICAL AND DENTAL CARE › Section 749.1437 - How must a caregiver respond when a child is injured or ill and requires immediate treatment by a health-care professional?

Current through Reg. 49, No. 28; July 12, 2024
For an injury or illness that requires immediate
						treatment by a health-care professional, the caregiver must immediately have
						the child treated by a healthcare professional, contact emergency services, or
						take the child to the nearest emergency room after ensuring the supervision of
						any other children present. The caregiver must not be required to seek approval
						to contact emergency services or to take the child to the nearest emergency
						room.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter J - FOSTER CARE SERVICES: MEDICAL AND DENTAL › Division 2 - ADMINISTRATION OF MEDICATION › Section 749.1461 - What consent must I obtain to administer medications?

Current through Reg. 49, No. 28; July 12, 2024
(a) You must obtain a general written consent
					 to administer routine, preventive, and emergency medications.
(b) You must obtain a written, signed, and
					 dated consent, specific to the psychotropic medication to be administered, from
					 the person legally authorized to give medical consent before administering a
					 new psychotropic medication to a child, per § 749.1603 of Title 40
					 (relating to If my agency employs or contracts with a health-care professional
					 who prescribes psychotropic medications to a child in care, what information
					 must I provide the person legally authorized to give consent before requesting
					 his consent for the child to be placed on psychotropic medication?) or §
					 749.1605 of Title 40 (relating to If my agency does not employ or contract with
					 the health-care professional who prescribes psychotropic medications to a child
					 in care, what information must I provide the person legally authorized to give
					 medical consent prior to the health-care professional prescribing psychotropic
					 medications to a child in care?).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter J - FOSTER CARE SERVICES: MEDICAL AND DENTAL › Division 2 - ADMINISTRATION OF MEDICATION › Section 749.1463 - What are the requirements for administering prescription medication?

Current through Reg. 49, No. 28; July 12, 2024
(a) To the best of their knowledge,
					 caregivers must inform the person legally authorized to give medical consent of
					 the benefits, risks, and side effects of all prescription medication and
					 treatment procedures used and the medical consequences of refusing them, and/or
					 provide the name and telephone number of the prescribing health-care
					 professional for more information.
(b) For prescription medications, caregivers
					 must:
(1) Be informed about possible side
					 effects of medications administered to the child;
(2) Store all medication in the original
					 container unless the caregiver has an additional container with the same label
					 and instructions;
(3) Administer
					 all medications according to the instructions on the label or according to a
					 prescribing health-care professional's subsequent signed orders;
(4) Administer each child's medication within
					 one hour of preparation;
(5) Ensure
					 the child has taken the medication as prescribed;
(6) Ensure a person trained in and authorized
					 to administer medication administers the medication to a child in care unless
					 the child is on a self-medication program;
(7) Maintain any documentation provided by
					 the health-care professional on the administration of current
					 medication;
(8) Not physically
					 force a child to take medication;
(9) Ensure that a child is not given any
					 medication or treatment except on written orders of a health-care
					 professional;
(10) Not borrow or
					 administer medication to a child that is prescribed to another person;
					 and
(11) Not administer medication
					 to more than one child from the same container. Only the child for whom the
					 medication was prescribed may use the medication.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter J - FOSTER CARE SERVICES: MEDICAL AND DENTAL › Division 2 - ADMINISTRATION OF MEDICATION › Section 749.1469 - What are the requirements for administering non-prescription medication and supplements?

Current through Reg. 49, No. 28; July 12, 2024
(a) For
					 non-prescription medications and supplements, you must:
(1) Follow the label instructions for dosage;
					 and
(2) Ensure that the
					 non-prescription medication or supplement is not contraindicated with any
					 medication prescribed for the child or medical condition that the child
					 has.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter J - FOSTER CARE SERVICES: MEDICAL AND DENTAL › Division 3 - SELF-ADMINISTRATION OF MEDICATION › Section 749.1501 - What are the requirements for a self-medication program?

Current through Reg. 49, No. 28; July 12, 2024
For a child to be on a self-medication program:
(1) The child's parent must give written
					 authorization for the child to be on the program;
(2) The child's service plan must include the
					 self-medication program and any requirements for caregiver supervision;
					 and
(3) The health-care
					 professional who prescribed the medication must be consulted and any concerns
					 of the health-care professional documented in the child's record.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter J - FOSTER CARE SERVICES: MEDICAL AND DENTAL › Division 3 - SELF-ADMINISTRATION OF MEDICATION › Section 749.1503 - Who must record the medication dosage if the child is on a self-medication program?

Current through Reg. 49, No. 28; July 12, 2024
When a child who is on a self-medication program takes a
						dosage of the medication, you must ensure there is a system for reviewing the
						child's medication each day and that the child either:
(1) Records the daily dosage; or
(2) Reports the medication to a caregiver,
					 who must then do the actual daily recording.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter J - FOSTER CARE SERVICES: MEDICAL AND DENTAL › Division 4 - MEDICATION STORAGE AND DESTRUCTION › Section 749.1521 - What medication storage and destruction requirements must a foster home meet?

Current through Reg. 49, No. 28; July 12, 2024
A foster home must:
(1) Store medication in a locked
					 container;
(2) Keep medication
					 inaccessible other than to caregivers responsible for stored
					 medication;
(3) Store medication
					 covered by Schedule II of the Texas Controlled Substances Act under double lock
					 in a separate container. For example, a double lock can include a lock on the
					 cabinet or filing cabinet and the door to the closet where medications are
					 stored;
(4) Make provisions for
					 storing medication that requires refrigeration;
(5) Keep medication storage area(s) clean and
					 orderly;
(6) Remove discontinued
					 medication immediately and store it in a separate locked area until it is
					 destroyed within 30 days;
(7)
					 Remove medication on or before the expiration date and store it in a separate
					 locked area until it is destroyed within 30 days;
(8) Remove medication of a discharged or
					 deceased child immediately and store it in a separate locked area until it is
					 destroyed within 30 days; and
(9)
					 Provide prescription medication to the person to whom a child is discharged or
					 transferred if the child is taking the medication at that time.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter J - FOSTER CARE SERVICES: MEDICAL AND DENTAL › Division 5 - MEDICATION RECORDS › Section 749.1541 - What records must caregivers maintain for each child receiving medication?

Current through Reg. 49, No. 28; July 12, 2024
(a) Caregivers must maintain a cumulative
					 medication record of all:
(1) Prescription
					 medication dispensed to each child; and
(2) Nonprescription medications and
					 supplements that are dispensed to a child under five years old.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter J - FOSTER CARE SERVICES: MEDICAL AND DENTAL › Division 5 - MEDICATION RECORDS › Section 749.1543 - Where must a child's medication records be maintained?

Current through Reg. 49, No. 28; July 12, 2024
(a) The foster parents must maintain at the
					 foster home the child's medication records for the current month.
(b) Foster parents must submit copies of the
					 child's medication records to you each month. You must file these medication
					 records in the child's record.
(c)
					 You must maintain copies of all the child's medication records for the length
					 of time that you provide services to the child.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter J - FOSTER CARE SERVICES: MEDICAL AND DENTAL › Division 5 - MEDICATION RECORDS › Section 749.1545 - What other requirements must I meet regarding medication records?

Current through Reg. 49, No. 28; July 12, 2024
You must make suitable forms available to caregivers for
						maintaining adequate records of all medications administered to a
						child.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter J - FOSTER CARE SERVICES: MEDICAL AND DENTAL › Division 6 - MEDICATION AND LABEL ERRORS › Section 749.1561 - What is a medication error?

Current through Reg. 49, No. 28; July 12, 2024
A medication error includes, but is not limited to, the
						following:
(1) A child receives the
					 wrong medication;
(2) A child
					 receives medication prescribed to someone else;
(3) A child receives the wrong dosage of
					 medication;
(4) A child receives
					 medication at the wrong time;
(5) A
					 medication dose is skipped or missed;
(6) A child receives expired
					 medication;
(7) Not following the
					 medication administration instructions, such as giving a child medication on an
					 empty stomach when the medication should be given with food; and
(8) A child receives medication that was not
					 stored as required to maintain the effectiveness of the medication, such as
					 refrigerating or not refrigerating the medication or exposing the medication to
					 heat or sunlight.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter J - FOSTER CARE SERVICES: MEDICAL AND DENTAL › Division 6 - MEDICATION AND LABEL ERRORS › Section 749.1563 - What must a caregiver do if the caregiver finds a medication error?

Current through Reg. 49, No. 28; July 12, 2024
(a) If a caregiver finds a medication error
					 regarding a prescribed medication, the caregiver must contact a health-care
					 professional immediately, unless the error is the type described in paragraph
					 (4) or (5) of § 749.1561 of Title 40 (relating to What is a medication
					 error?), and follow the health-care professional's recommendations.
(b) If a caregiver finds a medication error
					 regarding a nonprescription medication, the caregiver must take the appropriate
					 and necessary actions as required by the circumstances.
(c) For all medication errors, a caregiver
					 must document the following within 24 hours:
(1) The time and date of the error;
(2) The medication error;
(3) The time and date of the call(s) to the
					 licensed health-care professional, if applicable;
(4) The name and title of the health-care
					 professional contacted, if applicable; and
(5) The health-care professional's medical
					 recommendations for ensuring the child's safety, if applicable.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter J - FOSTER CARE SERVICES: MEDICAL AND DENTAL › Division 6 - MEDICATION AND LABEL ERRORS › Section 749.1565 - What must a caregiver do if the caregiver finds a medication label error?

Current through Reg. 49, No. 28; July 12, 2024
If a caregiver finds a medication label error, the
						caregiver must:
(1) Report the error
					 to the pharmacist; and
(2) Have the
					 label on the medication container corrected as soon as possible but no later
					 than the next business day.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter J - FOSTER CARE SERVICES: MEDICAL AND DENTAL › Division 7 - SIDE EFFECTS AND ADVERSE REACTIONS TO MEDICATION › Section 749.1581 - What must a caregiver do if a child has an adverse reaction to a medication?

Current through Reg. 49, No. 28; July 12, 2024
If a child has an adverse reaction (unexpected or
						dangerous reaction) to a medication, the caregiver must:
(1) Immediately report the reaction to a
					 health-care professional and the child's parent;
(2) Follow the health-care professional's
					 recommendations;
(3) Seek further
					 medical care for the child if the child's condition appears to worsen;
					 and
(4) Document in the child's
					 medical record the:
(A) Adverse reactions that
					 the child had to the medication;
(B) Time and date of call(s) to the
					 health-care professional;
(C) Name
					 and title of the health-care professional contacted; and
(D) Health-care professional's medical
					 recommendations for ensuring the child's safety.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter J - FOSTER CARE SERVICES: MEDICAL AND DENTAL › Division 7 - SIDE EFFECTS AND ADVERSE REACTIONS TO MEDICATION › Section 749.1583 - What must a caregiver do if a child experiences side effects from any medications?

Current through Reg. 49, No. 28; July 12, 2024
(a) A side effect
					 from any medication is an effect of medication in addition to the medication's
					 intended effect, often an undesirable effect.
(b) If a child experiences side effects from
					 any medication, the caregiver must:
(1)
					 Document the observed and reported side effects;
(2) Immediately report any serious side
					 effects to the child's prescribing health-care professional and the child's
					 parent; and
(3) Report any other
					 side effect to the prescribing health-care professional within 72
					 hours.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter J - FOSTER CARE SERVICES: MEDICAL AND DENTAL › Division 8 - USE OF PSYCHOTROPIC MEDICATION › Section 749.1603 - If my agency employs or contracts with a health-care professional who prescribes psychotropic medications to a child in care, what information must I provide the person legally authorized to give consent before requesting his consent for the child to be placed on psychotropic medication?

Current through Reg. 49, No. 28; July 12, 2024
(a) Before requesting the person's written
					 consent to give the child psychotropic medication, the prescribing health-care
					 professional must give the following in writing or document a discussion with
					 the person or a combination of both:
(1) The
					 child's diagnosis;
(2) The nature
					 of the child's mental illness or condition;
(3) An explanation of the purpose of the
					 medication;
(4) A description of
					 the benefits expected;
(5) A
					 description of any accompanying discomforts and risks, including those which
					 could result from long-term use of the medication, and possible side effects,
					 including side effects that are known to frequently occur in persons, side
					 effects to which the child may be predisposed, and the nature and possible
					 occurrence of irreversible symptoms;
(6) A statement of whether the medication is
					 habituating in nature;
(7)
					 Alternative interventions to the use of psychotropic medication that have been
					 attempted and that have been unsuccessful;
(8) Other alternative treatments or
					 procedures to the use of the psychotropic medication;
(9) Risks and benefits of the alternative
					 treatments or procedures;
(10)
					 Risks and benefits of not receiving or undergoing a treatment or
					 procedure;
(11) An explanation that
					 the person legally authorized to give medical consent may ask questions about
					 the child's response to the medication, and may review your daily records on
					 request; and
(12) An explanation
					 that the person legally authorized to give medical consent may withdraw consent
					 and request the medication be discontinued at any time.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter J - FOSTER CARE SERVICES: MEDICAL AND DENTAL › Division 8 - USE OF PSYCHOTROPIC MEDICATION › Section 749.1605 - If my agency does not employ or contract with the health-care professional who prescribes psychotropic medications to a child in care, what information must I provide the person legally authorized to give medical consent prior to the health-care professional prescribing psychotropic medications to a child in care?

Current through Reg. 49, No. 28; July 12, 2024
If you are requesting consent and the person legally
						authorized to give consent is not privy to this information, you must:
(1) Before requesting the person's written
					 consent to give the child psychotropic medication, provide information in
					 writing or document a discussion with the person regarding:
(A) The nature of the child's mental illness
					 or condition;
(B) A general
					 explanation of the purpose of the medication;
(C) A general description of the benefits
					 expected;
(D) An explanation that
					 the person may ask questions about the child's response to the medication;
					 and
(E) An explanation that the
					 person may withdraw medical consent and request the medication be discontinued
					 at any time.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter J - FOSTER CARE SERVICES: MEDICAL AND DENTAL › Division 8 - USE OF PSYCHOTROPIC MEDICATION › Section 749.1607 - What are the requirements if a physician orders administration of a psychotropic medication to a child in an emergency?

Current through Reg. 49, No. 28; July 12, 2024
(a) If a physician has made a determination
					 that there is an emergency according to §
											266.009
					 of the Family Code and the emergency requires the administration of a
					 psychotropic medication, then you must follow the physician's orders and do not
					 have to obtain consent prior to the administration of the medication.
(b) Within 72 hours after you have
					 administered the medication, you must notify the parent and the person legally
					 authorized to give medical consent.
(c) The physician's statement regarding the
					 emergency and the prescription must be documented in the child's
					 record.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter J - FOSTER CARE SERVICES: MEDICAL AND DENTAL › Division 8 - USE OF PSYCHOTROPIC MEDICATION › Section 749.1609 - What information must be documented about a child's use of psychotropic medication?

Current through Reg. 49, No. 28; July 12, 2024
(a) You must
					 ensure that caregivers maintain a daily record of the child's use of such
					 medication according to the requirements in § 749.1541 of Title 40
					 (relating to What records must caregivers maintain for each child receiving
					 medication?).
(b) Caregivers must
					 document in the child's record a description of any noticeable change in the
					 child's behavior in response to the medication.
(c) You must provide the information in
					 subsection (b) of this section to the prescribing health-care professional or
					 the child's current health-care professional to use in evaluating the
					 appropriateness of continuing the medication. You must document the health-care
					 professional's evaluation and review in the child's record.