<<Prev Rule

Texas Administrative Code

Next Rule>>
TITLE 37PUBLIC SAFETY AND CORRECTIONS
PART 6TEXAS DEPARTMENT OF CRIMINAL JUSTICE
CHAPTER 163COMMUNITY JUSTICE ASSISTANCE DIVISION STANDARDS
RULE §163.39Residential Services

      (ii) Drug allergies or the absence of known drug allergies;

      (iii) Name, strength of medication, and route of administration;

      (iv) Instructions for taking the medication, the amount taken, and the route of administration;

      (v) Date and time the medication was provided;

      (vi) Prescription number, or lot number for sample drugs, and the initial amount of medication received;

      (vii) Prescribing physician, advanced practice nurse or physician assistant, and the name of the pharmacy;

      (viii) Signature of the resident receiving the medication and the staff member supervising the self-administration of medication;

      (ix) The remaining amount of medication after each dose dispensed; and

      (x) Comment section for recording a variance, discrepancy, or change.

    (D) Each dose of OTC medication received by the resident shall be documented on the OTC medication administration record and maintained in the resident's medical file. The OTC drugs purchased by the resident or supplied for the resident in quantities larger than single dose packages shall be recorded on the OTC drug record. The OTC drug record shall include:

      (i) The resident's name;

      (ii) The name and strength of the medication dispensed;

      (iii) Drug allergies or the absence of known drug allergies;

      (iv) The dosage instructions and route of administration;

      (v) The initial amount received, OTC lot number, and the expiration date;

      (vi) The date and time the medication was dispensed;

      (vii) The amount dispensed and the ending count after each dose;

      (viii) Comment section for recording reason for OTC drug or other notations; and

      (ix) The signature of the resident and the employee who supervised each dose dispensed.

    (E) Facility Stock OTC Drugs. Multiple OTC stock drugs supplied in single dose packaging may be recorded on the same form. The medication drug record for facility stock OTC drugs shall include:

      (i) The resident's name;

      (ii) The name, strength, and route of administration;

      (iii) Drug allergies or the absence of known drug allergies;

      (iv) The date, time, amount dispensed, and the lot number on the container;

      (v) Comment section to record the reason the OTC drug was requested; and

      (vi) The signature of the resident and the employee who supervised each dose dispensed.

  (10) Training for Monitoring Self-Administration of Medications. All residential employees responsible for supervising residents in self-administration of medication, who do not have credentials to dispense medication, shall complete required training before performing this task.

    (A) The initial training for new employees shall be four hours in length.

    (B) Employees shall complete a minimum of two hours of review training annually thereafter.

    (C) The training shall be provided by a physician, pharmacist, physician assistant, or registered nurse before supervising self-administration of medications. A licensed vocational nurse or paramedic, under supervision, may teach the course from an established curriculum. Topics to be covered shall include:

      (i) Prescription labels;

      (ii) Medical abbreviations;

      (iii) Routes of administration;

      (iv) Use of drug reference materials;

      (v) Monitoring and observing insulin preparation and administration;

      (vi) Storage, maintenance, handling, and destruction of medication;

      (vii) Transferring information from prescription labels to the medication administration record and documentation requirements, including sample medications; and

      (viii) Procedures for medication errors, adverse reactions, and side effects.

  (11) Female Residents. If female residents are housed, access to pregnancy management services shall be available.

  (12) Mental Health. Access to mental health services shall be available to residents.

  (13) Suicide Prevention. Each facility shall have a written suicide prevention and intervention program reviewed and approved by a qualified medical or mental health professional. All staff with resident supervision responsibilities shall be trained in the implementation of the suicide prevention program.

  (14) Personnel.

    (A) If treatment is provided to residents by health care personnel other than a physician, psychiatrist, dentist, psychologist, optometrist, podiatrist, or other independent provider, such treatment shall be performed pursuant to written standing or direct orders by personnel authorized by law to give such orders.

    (B) If the facility provides medical treatment, personnel who provide health care services to residents shall be qualified and appropriately licensed. Verification of current credentials and job descriptions shall be on file in the facility. Appropriate state and federal licensure, certification or registration requirements, and restrictions apply.

  (15) Informed Consent.

    (A) If the facility provides medical treatment, the facility shall ensure residents are provided information to make medical decisions with informed consent. All informed consent standards in the jurisdiction shall be observed and documented for resident care.

    (B) If the facility provides medical treatment and a resident makes an informed decision to refuse any medical procedure or treatment, the facility shall ensure that written documentation of the resident's refusal is maintained in the resident's medical record.

  (16) Participation in Research. Residents shall not participate in medical, pharmaceutical, or cosmetic experiments. This does not preclude individual treatment of a resident based on resident's need for a specific medical procedure that is not generally available.

  (17) Notification. Individuals designated by the resident shall be notified in case of critical illness or injury.

  (18) Health Records. If medical treatment is provided by the facility:

    (A) Accurate health records for residents shall be maintained separately and confidentially;

    (B) The method of recording entries in the records, the form and format of the records, and the procedures for maintenance and safekeeping shall be approved by the health authority; and

    (C) For the residents being transferred to other facilities, summaries or copies of the medical history record shall be forwarded to the receiving facility prior to or at arrival.

(o) Discharge From Residential Facilities.

  (1) Victim Notification. The CSCD director and facility director shall ensure there are procedures, policies, and practices that comply with Texas Government Code §76.016, Texas Code of Criminal Procedure art. 42.21(a) and other applicable laws as to the notifications made to certain crime victims of offenders who are residents in its facilities or subject to its programs.

  (2) Discharge. Discharge from residential facilities shall be based on the following criteria:

    (A) The resident has made sufficient progress towards meeting the objectives of the supervision plan and program requirements;

    (B) The resident has satisfied a sentence of confinement;

    (C) The resident has satisfied a period of placement as a condition of community supervision or satisfied the conditions of a pre-trial agreement signed by a judge presiding over an established drug court;

    (D) The resident has demonstrated non-compliance with program criteria or court order;

    (E) The resident manifests a non-emergency medical problem that prohibits participation in or completion of the residential program requirements;

    (F) The resident displays symptoms of a psychological disorder that prohibits participation in or completion of the residential program requirements; or

    (G) The resident is identified as inappropriate or ineligible for participation in the residential program as defined by facility eligibility criteria, statute, or standard.

  (3) Discharge Report. The CSCD director and facility director shall ensure a report is prepared at the termination of program participation that reviews the resident's performance. A copy of the report shall be provided to the receiving CSCD community supervision officer.

(p) Basic Services and Programs.

  (1) Each facility shall, at a minimum, provide programs in the following areas which shall include, but not be limited to:

    (A) Education programs;

Cont'd...

Next Page Previous Page

Link to Texas Secretary of State Home Page | link to Texas Register home page | link to Texas Administrative Code home page | link to Open Meetings home page