(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.
(c) A facility may move an individual to a different
bedroom to accommodate a request for electronic monitoring.
(d) A facility must maintain a completed and signed
copy of the HHSC form in the individual's active record of the individual
requesting authorization to conduct electronic monitoring.
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