Texas Administrative Code

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 9	PROTECTIVE DEVICES
RULE §749.1645	May I use protective devices?

(a) You may use protective devices if a licensed physician orders their use for a specific child. The orders must indicate the circumstances under which the protective device is permitted.

(b) You may not use protective devices as:

(1) Punishment;

(2) Retribution or retaliation;

(3) A means to get a child to comply;

(4) A convenience for caregivers or other persons; or

(5) A substitute for effective treatment or habilitation.

(c) You must document the use of protective devices in the child's record, service plan, and service plan reviews. The service planning team must discuss and document in the child's service plan reviews:

(1) Clinical justification for continued use of protective devices; and

(2) Ways to reduce the need for protective devices.

Source Note: The provisions of this §749.1645 adopted to be effective January 1, 2007, 31 TexReg 7469; transferred effective March 9, 2018, as published in the Texas Register February 16, 2018, 43 TexReg 909