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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 1DEPARTMENT OF AGING AND DISABILITY SERVICES
CHAPTER 90INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONS
SUBCHAPTER CSTANDARDS FOR LICENSURE
RULE §90.45Wheelchair Self-Release Seat Belts

(a) For the purposes of this section, a "self-release seat belt" is a seat belt on a resident's wheelchair that the resident demonstrates the ability to fasten and release without assistance. A self-release seat belt is not a restraint.

(b) Except as provided in subsection (c) of this section, a facility must allow a resident to use a self-release seat belt if:

  (1) the resident or the resident's legally authorized representative requests that the resident use a self-release seat belt;

  (2) the resident consistently demonstrates the ability to fasten and release the self-release seat belt without assistance;

  (3) the use of the self-release seat belt is documented in and complies with the resident's individual program plan; and

  (4) the facility receives written authorization, signed by the resident or the resident's legally authorized representative, for the resident to use the self-release seat belt.

(c) A facility that advertises as a restraint-free facility is not required to allow a resident to use a self-release seat belt if the facility:

  (1) provides a written statement to all residents that the facility is restraint-free and is not required to allow a resident to use a self-release seat belt; and

  (2) makes reasonable efforts to accommodate the concerns of a resident who requests a self-release seat belt in accordance with subsection (b) of this section.

(d) A facility is not required to continue to allow a resident to use a self-release seat belt in accordance with subsection (b) of this section if:

  (1) the resident cannot consistently demonstrate the ability to fasten and release the seat belt without assistance;

  (2) the use of the self-release seat belt does not comply with the resident's individual program plan; or

  (3) the resident or the resident's legally authorized representative revokes in writing the authorization for the resident to use the self-release seat belt.


Source Note: The provisions of this §90.45 adopted to be effective January 1, 2018, 42 TexReg 7727

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