| (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.
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| Source Note: The provisions of this §967.37 adopted to be effective May 16, 2013, 38 TexReg 2841; transferred effective July 31, 2024, as published in the July 5, 2024, issue of the Texas Register, 49 TexReg 4927 |
