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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 1DEPARTMENT OF AGING AND DISABILITY SERVICES
CHAPTER 42DEAF BLIND WITH MULTIPLE DISABILITIES (DBMD) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES
SUBCHAPTER DADDITIONAL PROGRAM PROVIDER PROVISIONS
RULE §42.408Protective Devices

(a) A protective device is a restrictive intervention that a program provider may use in accordance with this section.

(b) A program provider must not use a protective device to modify or control an individual's behavior, for disciplinary purposes, for convenience, or as a substitute for an effective, less restrictive method.

(c) Before a program provider uses a protective device, the program provider must:

  (1) have an RN conduct an assessment of the individual's needs;

  (2) consider less restrictive methods that, if effective, would accomplish the purpose of the protective device;

  (3) document in the individual's case record the reasons why less restrictive methods would not be effective;

  (4) obtain and retain in the individual's case record written consent of the individual or LAR to use a protective device;

  (5) provide oral and written notification to the individual or LAR of the right at any time to withdraw consent for the use of the protective device;

  (6) have an RN, with input from the individual, the individual's LAR, the individual's service planning team, and other professional personnel, develop a written service plan, which may be part of the individual's plan of care as defined in §97.2 of this title (relating to Definitions), signed by a physician, that describes:

    (A) the type of device and the circumstances under which it may be used;

    (B) how to use the protective device and any contraindications specific to the individual;

    (C) how and when to document the use of the protective device;

    (D) how to monitor the protective device; and

    (E) when and whom the program staff must notify of the use of a protective device;

  (7) ensure the service planning team reviews and approves the written service plan;

  (8) ensure that each service provider who will use a protective device has been trained in the proper use of the protective device; and

  (9) ensure the training is documented in the service provider's record.

(d) A program provider that uses a protective device must:

  (1) document in the individual's case record any use of the protective device in accordance with the written service plan;

  (2) ensure that an RN, with input from the individual's service planning team and other professional personnel, at least annually, and when the individual's needs change:

    (A) evaluates and documents in the individual's case record the effects of the protective device on the individual's health and welfare; and

    (B) reviews the use of a protective device to determine its effectiveness and the need to continue the protective device; and

  (3) ensure that an RN, in accordance with subsection (c)(6) of this section, revises the service plan when the individual's service planning team and physician determine that a protective device is not effective or needed.


Source Note: The provisions of this §42.408 adopted to be effective January 1, 2015, 39 TexReg 6609

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