| (a) Staff must report and investigate a serious injury
or death occurring during restraint or within 24 hours after the release
from a restraint in accordance with statewide policy on incident management.
(b) The facility must review the use of each restraint
in a timely manner to determine whether the application of restraint
was justified, the restraint was applied correctly, injuries occurred,
or factors exist that, if modified, may prevent the future use of
restraint.
(c) A pharmacist and psychiatrist must conduct a clinical
review of each chemical restraint in a timely manner to determine
whether the restraint was clinically justified, to identify any potential
medication-related risks, and to make any applicable recommendations
to the IDT.
(d) The IDT, with a determination of risk of physical
harm made by the PCP, must review the continued application of restraint
in response to risk from documented self-injurious behavior monthly
to determine whether current risk warrants continuing the restraint,
to analyze the effectiveness of the fading plan, and to adjust the
time without restraint, if possible to safely do so.
(e) The IDT must review an individual restrained in
response to a behavioral crisis or medical or dental intervention
at least quarterly to assess progress in changing the circumstances
that lead to the use of restraint.
(f) A facility must track, trend, and analyze data
regarding the application of restraints in accordance with statewide
policy on the use of restraints to identify issues or emerging trends
and to develop appropriate responses.
(g) DADS must report the restraint of an individual
to the executive commissioner.
|
| Source Note: The provisions of this §967.41 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 |
