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TITLE 26HEALTH AND HUMAN SERVICES
PART 1HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 748MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS
SUBCHAPTER NEMERGENCY BEHAVIOR INTERVENTION
DIVISION 9TIME RESTRICTIONS FOR EMERGENCY BEHAVIOR INTERVENTION
RULE §748.2807May continuation orders be obtained verbally to exceed the maximum length of time that seclusion or mechanical restraint can be administered to a child?

(a) Yes, if:

  (1) The caregiver does a face-to-face evaluation of the child;

  (2) Verbal authorization is obtained before the end of the maximum length of time;

  (3) The caregiver documents the verbal continuation orders; and

  (4) The professional who provides the verbal order provides a written version of the order within 72 hours of issuing the order. The written copy must include the time, date, and the professional's signature.

(b) If the seclusion and mechanical restraint continues beyond the maximum length of time, then the caregiver must allow the child:

  (1) Bathroom privileges as needed and at least once every two hours;

  (2) An opportunity to drink water at least once every two hours;

  (3) Regularly prescribed medications, unless otherwise ordered by the licensed physician;

  (4) Regularly scheduled meals and snacks served in a safe and appropriate manner; and

  (5) An environment that is adequately ventilated during warm weather, adequately heated during cold weather, appropriately lighted, and free of safety hazards.

(c) If the mechanical restraint continues beyond the maximum length of time, then the caregiver must also allow the child an opportunity for range-of-motion exercises for at least five minutes of each hour a child is in restraint.

(d) In no event may the order permit the seclusion or mechanical restraint to exceed four hours.


Source Note: The provisions of this §748.2807 adopted to be effective January 1, 2007, 31 TexReg 7377; amended to be effective September 1, 2010, 35 TexReg 7497; amended to be effective February 7, 2017, 42 TexReg 488; transferred effective March 9, 2018, as published in the Texas Register February 16, 2018, 43 TexReg 909

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