reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 925 - RESEARCH INVOLVING HEALTH AND HUMAN SERVICES COMMISSION SERVICES › Section 925.8 - Informed Consent

Current through Reg. 49, No. 28; July 12, 2024
Requirements for approval of proposed research. Investigators
				  shall ensure:
(1) procedures for
				obtaining and documenting informed consent meet the requirements in 45 Code of
				Federal Regulations (CFR) §46.116 and
				45 CFR §
										46.117 and address:
(A) any extension of the subject's length of
				stay because of participation in the research;
(B) the subject's ability to receive the
				medication or device after the research has concluded if the research involves
				an investigational medication or device;
(C) whether the research involves the use of
				a placebo and the likelihood of assignment to the placebo condition;
(D) whether the research involves medication
				or doses of medication which are known to be ineffective for the targeted
				disorder or condition and the likelihood of assignment to such medication or
				doses of medication; and
(E) any
				risk of deterioration in the subject's condition and the potential consequences
				of such deterioration (e.g., an extension in the length of stay, or the use of
				interventions, such as restraint, seclusion, or emergency
				medications);
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 925 - RESEARCH INVOLVING HEALTH AND HUMAN SERVICES COMMISSION SERVICES › Section 925.9 - Using and Disclosing Protected Health Information in Research

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as provided
				by this section, to use or disclose protected health information (PHI), an
				authorization is required that:
(1) conforms
				with the requirements of 45 Code of Federal Regulations (CFR) §164.508
				and, if applicable 42 CFR Part 2; and
(2) includes a statement that the subject's
				right to access his or her PHI created or obtained during research may be
				temporarily suspended while the research is in progress, and will be reinstated
				upon completion of the research, if the research includes treatment.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 925 - RESEARCH INVOLVING HEALTH AND HUMAN SERVICES COMMISSION SERVICES › Section 925.10 - Investigation of Allegations of Misconduct in Science

Current through Reg. 49, No. 28; July 12, 2024
(a) Investigation of
				misconduct in science is the formal examination and evaluation of all relevant
				facts to determine if misconduct in science has occurred.
(b) All research involving Texas Health and
				Human Services Commission (HHSC) services shall be conducted with a fundamental
				commitment to high ethical standards regarding the conduct of scientific
				research.
(c) Reports of alleged
				misconduct in science are made to the IRB2, which must ensure:
(1) each allegation is reviewed and
				investigated by an appropriate entity in accordance with 42 Code of Federal
				Regulations (CFR) Part 93;
(2) the
				investigating entity submits to the IRB2 information documenting the
				disposition of each allegation; and
(3) the following are notified of confirmed
				incidents of misconduct in science:
(A) the
				institutional review board (IRB) that approved the research protocol;
				and
(B) the agency funding the
				research.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 925 - RESEARCH INVOLVING HEALTH AND HUMAN SERVICES COMMISSION SERVICES › Section 925.11 - Responsibilities of the Institutional Review Board 2

Current through Reg. 49, No. 28; July 12, 2024
Other responsibilities of IRB2 include:
(1) reviewing and developing Texas Health and
				Human Services Commission (HHSC) rules and policies governing the conduct of
				research; and
(2) providing
				technical assistance and interpretation of policies, procedures, HHSC rules,
				and regulations concerning the conduct of research involving human
				subjects.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 926 - State Facility Requirements to Enhance the Safety of Individuals Receiving Services › Subchapter A - Training Requirements for State Facility Staff › Section 926.1 - Application

Current through Reg. 49, No. 28; July 12, 2024
This chapter applies to state hospitals in accordance with
					 Texas Health and Safety Code (HSC) §552.052 and state supported living
					 centers in accordance with Texas HSC §555.024.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 926 - State Facility Requirements to Enhance the Safety of Individuals Receiving Services › Subchapter A - Training Requirements for State Facility Staff › Section 926.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
					 have the following meaning, unless the context clearly indicates
					 otherwise.
(1) Direct care employee--A
				  facility employee who provides direct delivery of services to an
				  individual.
(2) Facility--A state
				  hospital or state supported living center.
(3) Individual--A person who is receiving
				  services at a facility.
(4) State
				  hospital--A hospital as defined under Texas Health and Safety Code (HSC)
				  §552.0011 operated by the Texas Health and Human Services Commission
				  (HHSC) primarily to provide inpatient care and treatment for individuals with
				  mental illness.
(5) State supported
				  living center (SSLC)--An SSLC as defined by Texas HSC §531.002 and the
				  intermediate care facility for individuals with intellectual disabilities
				  component of the Rio Grande State Center operated by HHSC.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 926 - State Facility Requirements to Enhance the Safety of Individuals Receiving Services › Subchapter A - Training Requirements for State Facility Staff › Section 926.3 - Training for New Employees

Current through Reg. 49, No. 28; July 12, 2024
Before an employee performs employment duties without
					 direct supervision, the employee must receive competency-based training and
					 instruction on general duties.
(1) The
				  focus of training must be on:
(A) the
				  uniqueness of the individuals with whom the employee works;
(B) techniques for improving quality of life
				  for and promoting the health and safety of individuals; and
(C) the conduct expected of
				  employees.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 926 - State Facility Requirements to Enhance the Safety of Individuals Receiving Services › Subchapter A - Training Requirements for State Facility Staff › Section 926.4 - Additional Training for Employees who Provide Direct Care to Individuals

Current through Reg. 49, No. 28; July 12, 2024
(a) Before an employee who provides direct
				  delivery of services begins to perform direct care duties without direct
				  supervision, the facility must provide the employee relevant training essential
				  to perform the employee's duties regarding implementation of the
				  interdisciplinary treatment program for each individual for whom the employee
				  will provide direct care, including the following topics:
(1) prevention and management of aggressive
				  or violent behavior;
(2) observing
				  and reporting changes in behavior, appearance, or health of an
				  individual;
(3) positive behavior
				  support;
(4) emergency
				  response;
(5) person-directed
				  plans;
(6) self-determination;
				  and
(7) trauma-informed
				  care.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 926 - State Facility Requirements to Enhance the Safety of Individuals Receiving Services › Subchapter A - Training Requirements for State Facility Staff › Section 926.5 - State Hospital Refresher Training

Current through Reg. 49, No. 28; July 12, 2024
State hospitals must provide all employees annual training
					 relevant to their position on the topics outlined in §
										926.3 of this chapter (relating to
					 Training for New Employees) and §
										926.4 of this chapter (relating to
					 Additional Training for Employees who Provide Direct Care to Individuals), as
					 the topics pertain to state hospital employees. State hospitals must provide
					 this training throughout an employee's employment or association with the state
					 hospital, unless the agency determines in good faith and with good reason a
					 particular employee's performance will not be adversely affected in the absence
					 of such refresher training.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 926 - State Facility Requirements to Enhance the Safety of Individuals Receiving Services › Subchapter A - Training Requirements for State Facility Staff › Section 926.6 - State Supported Living Center (SSLC) Refresher Training

Current through Reg. 49, No. 28; July 12, 2024
(a) An SSLC must provide employees annual
				  training on:
(1) abuse, neglect, and
				  exploitation; and
(2) unusual
				  incidents.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 926 - State Facility Requirements to Enhance the Safety of Individuals Receiving Services › Subchapter B - Criminal History Checks And Registry Clearances at State Facilities › Section 926.51 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
					 have the following meanings, unless the context clearly indicates
					 otherwise:
(1) Abuse--An act or
				  failure to act that, with regard to an individual, meets the definition of
				  "physical abuse," "sexual abuse," or "verbal/emotional abuse" in Chapter 711,
				  Subchapter A of this title (relating to Introduction), or the definition of
				  "abuse," "physical abuse," "sexual abuse," "verbal abuse," "psychological
				  abuse," or "threat" in the Centers for Medicare & Medicaid Services (CMS)
				  State Operations Manual, Appendix J, Guidance to Surveyors: Intermediate Care
				  Facilities for Individuals with Intellectual Disabilities, available at
www.cms.gov
.
(2) Administrative death review--An
				  administrative, quality-assurance activity related to the death of an
				  individual to identify non-clinical problems requiring correction and
				  opportunities to improve the quality of care at a facility.
(3) Allegation--A report by a person
				  suspecting or having knowledge that an individual has been or is in a state of
				  abuse, neglect, or exploitation as defined in this chapter.
(4) Alleged offender--An individual who was
				  committed or Transferred to a facility:
(A)
				  under Texas Code of Criminal Procedure, Chapters 46B or 46C, as a result of
				  being charged with or convicted of a criminal offense; or
(B) under Texas Family Code, Chapter 55, as a
				  result of being alleged by petition or having been found to have engaged in
				  delinquent conduct constituting a criminal offense.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 926 - State Facility Requirements to Enhance the Safety of Individuals Receiving Services › Subchapter B - Criminal History Checks And Registry Clearances at State Facilities › Section 926.53 - Pre-employment or Pre-assignment Checks and Clearances

Current through Reg. 49, No. 28; July 12, 2024
(a) Before
				  employment or assignment, a facility must conduct a criminal history check and
				  registry clearance of an applicant for employment or volunteer status
				  consisting of:
(1) a criminal history check
				  obtained directly from the Texas Department of Public Safety;
(2) a criminal history check obtained through
				  the Federal Bureau of Investigation using a complete set of fingerprints;
				  and
(3) searches of the registries
				  and CANRS.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 926 - State Facility Requirements to Enhance the Safety of Individuals Receiving Services › Subchapter B - Criminal History Checks And Registry Clearances at State Facilities › Section 926.55 - Emergency Employment Pending Criminal History Check

Current through Reg. 49, No. 28; July 12, 2024
(a) A facility may employ an applicant on a
				  temporary basis pending the results of a criminal history check if:
(1) the facility has searched the registries
				  and CANRS and determined that the applicant:
(A) is not listed as revoked in the Nurse
				  Aide Registry;
(B) is not listed as
				  unemployable in the Employee Misconduct Registry; and
(C) does not have a finding of abuse or
				  neglect in CANRS; and
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 926 - State Facility Requirements to Enhance the Safety of Individuals Receiving Services › Subchapter B - Criminal History Checks And Registry Clearances at State Facilities › Section 926.57 - Notification to Applicants

Current through Reg. 49, No. 28; July 12, 2024
A facility must provide the following information to
					 applicants in writing at the time an application is made:
(1) that the facility will conduct a criminal
				  history check and registry clearance;
(2) that conviction of or deferred
				  adjudication for certain criminal offenses may constitute a bar to employment
				  or volunteer status;
(3) that being
				  listed as revoked in the Nurse Aide Registry or being listed as unemployable in
				  the Employee Misconduct Registry is a bar to employment or volunteer status;
				  and
(4) that a confirmation of
				  abuse or neglect in CANRS is a bar to employment or volunteer status.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 926 - State Facility Requirements to Enhance the Safety of Individuals Receiving Services › Subchapter B - Criminal History Checks And Registry Clearances at State Facilities › Section 926.61 - Self-Reporting and Subsequent Criminal History Checks and Registry Clearances

Current through Reg. 49, No. 28; July 12, 2024
(a) At any time
				  while employed by or assigned to a facility, an employee, volunteer, or unpaid
				  professional intern must report to the designated person within five calendar
				  days any of the following events:
(1) the
				  employee's, volunteer's, or intern's conviction, arrest, indictment,
				  adjudication of guilt, plea of guilty or nolo contendre, assessment of
				  probation, pretrial diversion, or deferred adjudication for any criminal
				  offense; or a dismissal, acquittal, or similar final outcome for any criminal
				  offense that does not involve a plea of guilty or nolo contendre; and
(2) any listing of the employee, volunteer,
				  or intern as revoked in the Nurse Aide Registry or as unemployable in the
				  Employee Misconduct Registry.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 926 - State Facility Requirements to Enhance the Safety of Individuals Receiving Services › Subchapter B - Criminal History Checks And Registry Clearances at State Facilities › Section 926.63 - Unpaid Professional Interns

Current through Reg. 49, No. 28; July 12, 2024
(a) A facility may not allow an unpaid
				  professional intern to have direct contact with an individual if that intern:
(1) has been convicted of or received
				  deferred adjudication for any of the criminal offenses listed in HSC
				  §250.006(a);
(2) has been
				  convicted of or received deferred adjudication for any of the criminal offenses
				  listed in HSC §250.006(b) within five years preceding the date of
				  assignment;
(3) has been convicted
				  of or received deferred adjudication for a criminal offense that DADS has
				  determined to be a contraindication to assignment pursuant to HSC
				  §533.007;
(4) is listed as
				  revoked in the Nurse Aide Registry;
(5) is listed as unemployable in the Employee
				  Misconduct Registry; or
(6) has a
				  confirmation of abuse or neglect in CANRS.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 926 - State Facility Requirements to Enhance the Safety of Individuals Receiving Services › Subchapter C - Abuse, Neglect, And Exploitation At State Facilities › Section 926.103 - Prohibition of Abuse, Neglect, and Exploitation

Current through Reg. 49, No. 28; July 12, 2024
(a) Abuse, neglect, and exploitation of an
				  individual are prohibited.
(b) If
				  an aggressive action by an individual, including non-consensual sexual activity
				  between individuals, occurs as a result of possible neglect, the facility must
				  report the action as neglect.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 926 - State Facility Requirements to Enhance the Safety of Individuals Receiving Services › Subchapter C - Abuse, Neglect, And Exploitation At State Facilities › Section 926.105 - Reporting Abuse, Neglect, and Exploitation to DFPS

Current through Reg. 49, No. 28; July 12, 2024
(a) A person who knows or suspects an
				  individual has been abused, neglected, or exploited must immediately report the
				  alleged abuse, neglect, or exploitation to DFPS within one hour of learning of
				  or suspecting the incident by calling 1-800-647-7418. Abuse, neglect, or
				  exploitation may occur before an individual is admitted to a facility, during
				  an absence from a facility, or while in residence at the facility.
(b) A facility must report incidents
				  identified as abuse, neglect, or exploitation during the course of a facility
				  investigation or peer review.
(c)
				  If the person with knowledge or suspicion of abuse, neglect, or exploitation is
				  not an employee or contractor, an employee must assist the person in making a
				  report, if necessary.
(d) DADS may
				  take disciplinary action, including termination, against an employee who is
				  found to have:
(1) failed to report as
				  required by this section within the allotted time period without sufficient
				  justification; or
(2) made a false
				  statement of fact, refused to cooperate, or destroyed evidence during an
				  investigation.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 926 - State Facility Requirements to Enhance the Safety of Individuals Receiving Services › Subchapter C - Abuse, Neglect, And Exploitation At State Facilities › Section 926.107 - Prohibition Against Retaliation

Current through Reg. 49, No. 28; July 12, 2024
(a) A facility may not retaliate against a
				  person who in good faith reports an allegation.
(b) A person who believes he or she has been
				  subjected to retaliation as a result of reporting an allegation, or who
				  believes an allegation has been ignored, may contact the director of the
				  facility where the alleged abuse, neglect, or exploitation occurred or DADS
				  state office. An employee may also contact:
(1) The Office of the Attorney General at
				  (512) 463-2185 (Consumer Protection Division), if the employee believes adverse
				  personnel action was taken against him or her in violation of Texas Government
				  Code, Chapter 554; or
(2) The
				  Office of Inspector General at 1-800-436-6184.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 926 - State Facility Requirements to Enhance the Safety of Individuals Receiving Services › Subchapter C - Abuse, Neglect, And Exploitation At State Facilities › Section 926.109 - During an Investigation

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Immediately after receiving notification of an allegation from a DFPS
				  investigator, the director receiving the notification must take measures to
				  protect the alleged victim of abuse, neglect, or exploitation in accordance
				  with DADS operational procedures.
(b) The director must arrange for immediate
				  and on-going medical and psychological attention for an alleged victim and any
				  other individual involved in the incident, as necessary.
(c) The director must:
(1) ensure that required reports are made to
				  DFPS, DADS Regulatory Services Division, and law enforcement;
(2) in accordance with the Civil Practice and
				  Remedies Code, Chapter 81, report allegations of sexual exploitation committed
				  by a mental health services provider to the prosecuting attorney in the county
				  where the alleged sexual exploitation occurred and any state licensing board
				  with responsibility for the mental health services provider's licensing;
				  and
(3) notify the following
				  persons of the allegation immediately, but in no case more than 24 hours, after
				  being notified of an allegation:
(A) the
				  alleged victim, unless contraindicated based on clinical evaluation;
				  and
(B) the alleged victim's
				  guardian or primary contact, or parent if the alleged victim is a
				  child.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 926 - State Facility Requirements to Enhance the Safety of Individuals Receiving Services › Subchapter C - Abuse, Neglect, And Exploitation At State Facilities › Section 926.111 - Completion of an Investigation

Current through Reg. 49, No. 28; July 12, 2024
(a) A director may not change a confirmed
				  finding of abuse, neglect, or exploitation made by DFPS. A director may change
				  an unconfirmed, inconclusive, or unfounded finding of abuse, neglect, or
				  exploitation made by DFPS to a confirmed finding. If the director changes a
				  finding to confirmed, the confirmed finding may not be appealed to
				  DFPS.
(b) A facility has the appeal
				  opportunities described in Chapter 711, Subchapter J, of this title (relating
				  to Appealing the Investigative Finding). If a director disagrees with the
				  secondary appeal decision made by DFPS in accordance with §
										711.911(b)
				  of this title (relating to How and When is the Appeal Conducted?), the director
				  must notify the DADS Commissioner of the disagreement. If the DADS Commissioner
				  also disagrees with the secondary appeal decision, the DADS Commissioner may
				  request that the DFPS Commissioner reconsider the decision. The DADS
				  Commissioner must submit a reconsideration request to the DFPS Commissioner
				  within 60 days after the date of the secondary appeal decision. DADS may not
				  contest the decision of the DFPS Commissioner.
(c) A director must ensure that a victim, a
				  victim's LAR, and the protection and advocacy organization, if the protection
				  and advocacy organization is the victim's designated representative, are
				  promptly notified of:
(1) a final finding
				  made by DFPS;
(2) the process for
				  appealing the final finding as described in Chapter 711, Subchapter J, of this
				  title; and
(3) the right to receive
				  a copy of the DFPS investigative report, if requested from the
				  director.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 926 - State Facility Requirements to Enhance the Safety of Individuals Receiving Services › Subchapter C - Abuse, Neglect, And Exploitation At State Facilities › Section 926.113 - Contractors

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  director is responsible for requiring the facility's contractors to comply with
				  this subchapter (relating to Abuse, Neglect, and Exploitation).
(b) A director must ensure that a contractor
				  is provided a copy of DFPS rules in 40 TAC Chapter 711 (relating to
				  Investigations in DADS Mental Retardation and DSHS Mental Health Facilities and
				  Related Programs).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 930 - Additional Rights of Individuals Receiving Services at State Facilities › Subchapter B - Personal Property of an Individual Receiving Services at a State Facility › Section 930.53 - Individual's Personal Property

Current through Reg. 49, No. 28; July 12, 2024
(a) Local procedures. The CEO or designee is
				  responsible for developing and implementing local procedures to ensure an
				  individual's right to reasonable protection of personal property including
				  clothing and mail from theft or loss consistent with Chapter 404, Subchapter E,
				  concerning Rights of Persons Receiving Mental Health Services, and Chapter 405,
				  Subchapter Y, concerning Client Rights--Mental Retardation Services or any
				  other department rules that concern the rights of individuals.
(b) Personal property. The CEO or designee is
				  responsible for developing and implementing written processes that protect each
				  individual's personal property that include:
(1) advising individuals and LARs that the
				  facility is limited in its ability to protect any personal property that an
				  individual keeps on the unit, however, if loss or theft of such property is
				  reported staff must make every effort to find and return the missing property
				  to the owner;
(2) documenting the
				  receipt of any personal property that is to be held under the facility's
				  control;
(3) physically
				  inventorying personal property under the facility's control and documenting
				  personal property received from individuals to ensure it is accounted for and
				  if a discrepancy arises develop a process for documenting, investigating, and
				  resolving the discrepancy;
(4)
				  documenting and honoring an individual's request for the return of any or all
				  of his or her personal property previously under the facility's
				  control.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 965 - ELECTRONIC MONITORING IN AN INDIVIDUAL'S BEDROOM IN A STATE SUPPORTED LIVING CENTER › Section 965.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
				  have the following meanings, unless the context clearly indicates
				  otherwise.
(1) Abuse--An act or
				failure to act that, with regard to an individual, meets the definition of
				"physical abuse," "sexual abuse," or "verbal/emotional abuse" in Chapter 711,
				Subchapter A of this title (relating to Introduction), or the definition of
				"abuse," "physical abuse," "sexual abuse," "verbal abuse," "psychological
				abuse," or "threat" in the Centers for Medicare & Medicaid Services (CMS)
				State Operations Manual, Appendix J, Guidance to Surveyors: Intermediate Care
				Facilities for Individuals with Intellectual Disabilities, available at
www.cms.gov
.
(2) Bedroom--The room at a facility in which
				an individual usually sleeps.
(3)
				Capacity--An individual's ability to:
(A)
				understand the nature and consequences of a proposed treatment, including the
				benefits, risks, and alternatives to the proposed treatment; and
(B) make a decision whether to undergo the
				proposed treatment.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 965 - ELECTRONIC MONITORING IN AN INDIVIDUAL'S BEDROOM IN A STATE SUPPORTED LIVING CENTER › Section 965.2 - Electronic Monitoring

Current through Reg. 49, No. 28; July 12, 2024
(a) A facility
				must permit an individual or an individual's legally authorized representative
				(LAR) to conduct electronic monitoring if the individual or LAR complies with
				the requirements for conducting electronic monitoring in this chapter. A
				facility must not discharge an individual because the individual or the
				individual's LAR conducts electronic monitoring in accordance with this
				chapter.
(b) A facility must not
				refuse to admit an individual and must not discharge an individual from the
				facility because the individual or individual's LAR:
(1) requests authorization to conduct
				electronic monitoring;
(2) refuses
				to give consent or gives consent to conduct electronic monitoring requested by
				another individual or the other individual's LAR; or
(3) withdraws consent for another individual
				or the individual's LAR to conduct electronic monitoring.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 965 - ELECTRONIC MONITORING IN AN INDIVIDUAL'S BEDROOM IN A STATE SUPPORTED LIVING CENTER › Section 965.3 - Information Regarding Electronic Monitoring

Current through Reg. 49, No. 28; July 12, 2024
(a) An individual or an individual's legally
				authorized representative must complete and sign the required Texas Health and
				Human Services Commission form pertaining to placing an electronic monitoring
				device in an individual's bedroom upon admission to a state supported living
				center.
(b) A facility must
				maintain a copy of the completed and signed form in the individual's active
				record.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 965 - ELECTRONIC MONITORING IN AN INDIVIDUAL'S BEDROOM IN A STATE SUPPORTED LIVING CENTER › Section 965.4 - Request to Conduct Electronic Monitoring

Current through Reg. 49, No. 28; July 12, 2024
(a) To
				conduct electronic monitoring, an individual or an individual's legally
				authorized representative (LAR) must request authorization to do so by using
				the Texas Health and Human Services Commission (HHSC) form. The form must be
				signed and dated by the person described in subsection (b) of this section and
				given to the director of the facility in which the individual
				resides.
(b) A request to conduct
				electronic monitoring in an individual's bedroom may be made:
(1) only by an individual, if the
				individual's interdisciplinary team (IDT) determines that the individual has
				the capacity to request electronic monitoring in accordance with §
										965.6 of this chapter (relating to
				Capacity to Request or Consent to Electronic Monitoring) and the individual has
				not been judicially declared to lack the required capacity;
(2) only by the guardian of an individual, if
				the individual has been judicially declared to lack the capacity required for
				taking an action such, as requesting electronic monitoring; or
(3) only by an LAR, other than the guardian,
				of an individual if the individual's IDT determines that the individual does
				not have the capacity to request electronic monitoring in accordance with
				§
										965.6 of this chapter, but the
				individual has not been judicially declared to lack the required
				capacity.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 965 - ELECTRONIC MONITORING IN AN INDIVIDUAL'S BEDROOM IN A STATE SUPPORTED LIVING CENTER › Section 965.5 - Annual Consent by a Roommate

Current through Reg. 49, No. 28; July 12, 2024
(a) An individual
				or an individual's legally authorized representative (LAR) who requests to
				conduct electronic monitoring in the individual's bedroom must obtain consent
				annually on behalf of any individual who shares a bedroom with the requesting
				individual, using the required Texas Health and Human Services (HHSC) form. To
				provide consent, the form must be signed and dated by a person described in
				subsection (b) of this section and given to the director of the facility in
				which the individual resides. If the person's consent is conditioned on a
				limitation, the limitation must be stated on the form.
(b) Consent to conduct electronic monitoring
				may be given:
(1) only by an individual who
				shares a bedroom with the requesting individual, if the individual's
				interdisciplinary team (IDT) determines that the individual has the capacity to
				consent to electronic monitoring in accordance with §
										965.6 of this chapter (relating to
				Capacity to Request or Consent to Electronic Monitoring) and the individual has
				not been judicially declared to lack the required capacity; or
(2) only by the guardian of an individual who
				shares a bedroom with the requesting individual, if the individual has been
				judicially declared to lack the required capacity; or
(3) only by an LAR, other than the guardian,
				of an individual who shares a bedroom with the requesting individual, if the
				individual's IDT determines that the individual does not have the capacity to
				consent to electronic monitoring in accordance with §
										965.6 of this chapter, but the
				individual has not been judicially declared to lack the required
				capacity.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 965 - ELECTRONIC MONITORING IN AN INDIVIDUAL'S BEDROOM IN A STATE SUPPORTED LIVING CENTER › Section 965.6 - Capacity to Request or Consent to Electronic Monitoring

Current through Reg. 49, No. 28; July 12, 2024
The interdisciplinary team of an individual who has not been
				  judicially declared to lack the capacity to request or consent to electronic
				  monitoring determines if the individual has the capacity to request or consent
				  to electronic monitoring. The facility must document the determination made in
				  the individual's active record.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 965 - ELECTRONIC MONITORING IN AN INDIVIDUAL'S BEDROOM IN A STATE SUPPORTED LIVING CENTER › Section 965.7 - Conducting Electronic Monitoring

Current through Reg. 49, No. 28; July 12, 2024
(a) Once
				a director receives a completed Texas Health and Human Services Commission
				(HHSC) form requesting electronic monitoring, the director authorizes
				electronic monitoring to be conducted in accordance with this
				chapter.
(b) A person conducting
				electronic monitoring must post and maintain a conspicuous notice at the
				entrance to the bedroom in which the monitoring is being conducted. The notice
				must state that the bedroom is being monitored by an electronic monitoring
				device (EMD).
(c) A person
				conducting electronic monitoring must ensure that:
(1) the electronic monitoring is conducted in
				plain view;
(2) an EMD is installed
				and maintained in a manner that is safe for individuals, employees, and
				visitors, and that meets the requirements of applicable safety codes and
				laws;
(3) electronic monitoring
				complies with any condition placed on it by a person giving consent in
				accordance with §
										965.5 of this chapter (relating to
				Annual Consent by a Roommate);
(4)
				a video tape or recording made by the EMD shows the time and date that the
				recorded events occurred;
(5) a
				tape or recording made by the EMD is not edited or artificially enhanced;
				and
(6) if the contents of a
				recording are transferred from the original format to another technological
				format, a qualified professional performs the transfer and the content of the
				tape or recording is not altered.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 965 - ELECTRONIC MONITORING IN AN INDIVIDUAL'S BEDROOM IN A STATE SUPPORTED LIVING CENTER › Section 965.8 - Required Facility Notice and Accommodation

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				facility must post a notice at the main facility entrance titled "Electronic
				Monitoring." The notice must state, in large, easy-to-read type, "The bedrooms
				of some individuals may be monitored electronically by or on behalf of those
				individuals. Monitoring may not be open and obvious."
(b) A facility must make reasonable physical
				accommodation for electronic monitoring, which includes providing:
(1) a reasonably secure place to mount an
				electronic monitoring device (EMD); and
(2) access to power sources for an
				EMD.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 965 - ELECTRONIC MONITORING IN AN INDIVIDUAL'S BEDROOM IN A STATE SUPPORTED LIVING CENTER › Section 965.9 - Reporting Abuse, Neglect, or Exploitation

Current through Reg. 49, No. 28; July 12, 2024
(a)
				If, based on a person's viewing of or listening to a recording obtained through
				electronic monitoring, the person has cause to believe that an individual is in
				a state of abuse, neglect, or exploitation or has been abused, neglected, or
				exploited, the person must:
(1) report the
				suspected or known abuse, neglect, or exploitation to the Texas Health and
				Human Services Commission Provider Investigations (HHSC-PI) and the director of
				the facility in which the alleged abuse, neglect, or exploitation occurred
				immediately, if possible, but in no case more than one hour after the person
				knows or suspects that abuse, neglect, or exploitation has occurred;
				and
(2) provide the original tape
				or recording to HHSC-PI.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 967 - Client Care of Individuals Receiving Services at State Supported Living Centers › Subchapter A - State Supported Living Center Independent Mortality Review › Section 967.1 - Independent Mortality Review

Current through Reg. 49, No. 28; July 12, 2024
The Texas Health and Human Services Commission contracts
					 with an independent mortality review organization pursuant to Texas Government
					 Code §
										531.851(c).
					 A state supported living center (SSLC) must report the death of a person with
					 an intellectual or developmental disability who, at the time of the person's
					 death or at any time during the 24-hour period before the person's death,
					 resided in or received services from the SSLC. The death must be reported to
					 the independent mortality review organization within 72 hours after the
					 pronouncement of death.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 967 - Client Care of Individuals Receiving Services at State Supported Living Centers › Subchapter B - Use of Restraints in State Supported Living Centers › Section 967.29 - Mechanical Devices

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Safety and maintenance.
(1) Only commercially
				  available mechanical restraint devices designed specifically for the safe and
				  relatively comfortable use of restraint may be used. The director must approve
				  any modifications to a mechanical restraint to accommodate an individual's
				  specific physical needs.
(2) Staff
				  must inspect a mechanical device before and after each use to ensure that the
				  device is in good repair and without tears or protrusions that may cause
				  injury. Staff must have a damaged mechanical device repaired before it can be
				  used to restrain an individual.
(3)
				  Staff must ensure that a mechanical device is applied
				  correctly.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 967 - Client Care of Individuals Receiving Services at State Supported Living Centers › Subchapter B - Use of Restraints in State Supported Living Centers › Section 967.31 - Evaluation and Assessment

Current through Reg. 49, No. 28; July 12, 2024
(a) The IDT must develop and implement
				  person-centered proactive supports, training, and treatment with the goal of
				  making the use of restraints unnecessary.
(b) When evidence indicates that the
				  individual's behaviors result in a behavioral crisis or sustained self-injury
				  or make it difficult to provide needed medical or dental care, the IDT,
				  including the individual and LAR, with the involvement of a PCP and other
				  relevant professional staff, must assess and identify any issues or
				  contraindications for the use of restraint, including:
(1) any physical, behavioral, psychiatric, or
				  medical conditions that constitute a risk; and
(2) any considerations in the use of
				  restraint due to the individual's communication level, cognitive functioning
				  level, height, weight, emotional condition (including whether the individual
				  has a history of having been physically or sexually abused), and age.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 967 - Client Care of Individuals Receiving Services at State Supported Living Centers › Subchapter B - Use of Restraints in State Supported Living Centers › Section 967.33 - Imminent Harm Resulting from a Behavioral Crisis

Current through Reg. 49, No. 28; July 12, 2024
(a) Only staff who have successfully
				  completed competency-based training on the use of restraints may implement
				  restraint procedures. Staff who implement restraint procedures must also
				  complete training on person-specific instructions and other measures regarding
				  restraints contained in an individual's crisis intervention plan or other
				  plan.
(b) The following conditions
				  must be met before a PCP may order a restraint in response to a behavioral
				  crisis:
(1) the individual's behavior
				  constitutes a behavioral crisis;
(2) if no PBSP, desensitization plan, or
				  other preventive measures are in place, staff have considered the level of
				  imminent risk of violence or injury and have applied a graduated range of
				  less-restrictive approved procedures as safety permits and the measures have
				  not reduced the risk of imminent physical harm to the individual or
				  others;
(3) if a PBSP,
				  desensitization plan, or other preventive measures are in place, the
				  individualized procedures for prevention, de-escalation and a graduated range
				  of less restrictive measures have been followed, as safety permits, but have
				  not reduced the risk of imminent physical harm to the individual or others;
				  and
(4) if a helmet, mittens with
				  ties, wristlets, or other mechanical restraints will be used to prevent
				  self-injury in a behavioral crisis:
(A) an
				  approved crisis intervention plan allowing the use of the mechanical restraint
				  must be in place; or
(B) the use of
				  the mechanical restraint must be approved by the individual's psychologist or
				  board certified behavior analyst (BCBA) or the psychologist or BCBA on call,
				  the administrator on duty, and the director of psychology or behavioral
				  services.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 967 - Client Care of Individuals Receiving Services at State Supported Living Centers › Subchapter B - Use of Restraints in State Supported Living Centers › Section 967.35 - Imminent Harm Resulting from a Medical or Dental Procedure

Current through Reg. 49, No. 28; July 12, 2024
(a) Only a PCP,
				  dentist, or psychiatrist may order a medical restraint. Medical restraint
				  orders must include a specific start and stop date or time. If the time limit
				  on the original order is exceeded, the PCP must write a new order.
(b) Only staff who have successfully
				  completed competency-based training on the use of restraints may implement
				  restraint procedures. Staff who implement restraint procedures must also
				  complete training on person-specific instructions and other measures regarding
				  restraints contained in an individual's medical restraint plan or other
				  plan.
(c) If restraint is used
				  before or during intervention for routine medical or dental care, a medical
				  restraint plan must be developed to describe the rationale for use of the
				  restraint and to provide specific individualized instructions on how to safely
				  implement the restraint.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 967 - Client Care of Individuals Receiving Services at State Supported Living Centers › Subchapter B - Use of Restraints in State Supported Living Centers › Section 967.37 - Imminent Harm Resulting from Documented Self-Injurious Behavior

Current through Reg. 49, No. 28; July 12, 2024
(a) Only staff who
				  have successfully completed competency-based training on the use of restraints
				  may implement restraint procedures. Staff who implement restraint procedures
				  must also complete training on person-specific instructions and other measures
				  regarding restraints contained in an individual's protective mechanical
				  restraint plan for self-injurious behavior or other plan.
(b) Staff may implement restraint to protect
				  an individual from imminent harm resulting from documented self-injurious
				  behavior if the following conditions have been met:
(1) the IDT has developed an ISP action plan
				  for the individual that describes the need for protective mechanical restraint
				  for self-injurious behavior; includes the procedures that will be employed to
				  reduce the need for restraint, including a PBSP; and provides specific
				  individualized instructions for staff on how to apply the restraints safely and
				  the periods of time and the conditions under which the restraints can be safely
				  removed;
(2) a structural and
				  functional assessment has been completed or revised that identifies possible
				  functions of the self-injurious behavior;
(3) the IDT has developed other clinical
				  plans, as applicable, such as habilitation plans supported by an assessment or
				  evaluation, to reduce the need for protective mechanical restraint;
(4) a PBSP has been completed or revised,
				  based on a structural and functional assessment, that includes procedures, as
				  appropriate, for teaching and strengthening alternative behaviors to
				  self-injurious behaviors and teaching procedures that will help prevent
				  self-injurious behavior as the time without the use of protective mechanical
				  restraints increases;
(5) the
				  instructions for applying the protective mechanical restraint for
				  self-injurious behavior have been developed, including a schedule for removing
				  and replacing the mechanical restraint that safely increases the time out of
				  protective mechanical restraint;
(6) a PCP has assessed the individual and
				  determined that the self-injurious behavior is at an intensity and frequency
				  that causes imminent risk of serious physical injury and there is a need for
				  protective mechanical restraints for self-injurious behavior; and
(7) a system for monthly reviews of data by
				  the IDT has been established, including the PCP's continued reevaluation as to
				  whether the intensity and frequency of the self-injurious behavior warrants
				  continuing the restraint plan.