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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 1DEPARTMENT OF AGING AND DISABILITY SERVICES
CHAPTER 92LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES
SUBCHAPTER GMISCELLANEOUS PROVISIONS
RULE §92.128Wheelchair 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 legal guardian 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 service plan; and

  (4) the facility receives written authorization, signed by the resident or the resident's legal guardian, 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 service plan; or

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


Source Note: The provisions of this §92.128 adopted to be effective January 1, 2018, 42 TexReg 7728

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