| (61) Prone restraint--Any physical or mechanical restraint
that places the individual in a face-down position. Prone restraint
does not include when an individual is placed in a face-down position
as a necessary part of a medical intervention, or when an individual
moves into a prone position during an incident of physical restraint,
if staff immediately begin an adjustment to restore the individual
to a standing, sitting, or side-lying position or, if that is not
possible, immediately release the person. Prone restraint is prohibited.
(62) Protection and advocacy organization--The protection
and advocacy system for Texas designated in accordance with the Code
of Federal Regulations, Title 45, §1326.20.
(63) Protective mechanical restraint for self-injurious
behavior--A type of mechanical restraint applied before an individual
engages in self-injurious behavior, for the purpose of preventing
or mitigating the danger of the self-injurious behavior because there
is evidence that the targeted behavior can result in serious self-injury
when it occurs and intensive, one-to-one supervision and treatment
have not yet reduced the danger of self-injury. Examples include,
but are not limited to, protective head gear for head banging, arm
splints for eye gouging, or mittens for hand-biting. The term does
not include medical restraints or protective devices.
(64) Protective mechanical restraint plan for self-injurious
behavior--A component of the ISP action plan that provides instructions
for staff on how to effectively and safely apply the protective mechanical
restraint that is used to prevent or mitigate the effects of serious
self-injurious behavior. The plan is developed with input from direct
support professionals familiar with the individual and meaningful
input from the individual and LAR, and includes a description of the
individual's self-injurious behaviors, the type of restraint to be
used, the restraint's maximum duration, and the circumstances to apply
and remove the restraint. The plan must identify any low-risk situations
when the restraint may be safely removed, what staff should do during
those situations to continue to protect the individual from harm,
and adjustments in staff instructions as progress is made for gradually
eliminating the use of the restraints, including details on any specialized
staff training and reporting. The plan is not considered a therapeutic
intervention and is adjusted depending upon the individual's progress
in the ISP action plan and an evaluation by the PCP that the individual's
behavior is no longer at the dangerous level that is producing serious
self-injury.
(65) Psychotropic medication--A medication that is
prescribed for the treatment of symptoms of psychosis or other severe
mental or emotional disorder and that is used to exercise an effect
on the central nervous system to influence and modify behavior, cognition,
or affective state when treating the symptoms of mental illness. Psychotropic
medication, sometimes referred to as "psychoactive medication,"
includes the following categories of medication:
(A) antipsychotics or neuroleptics;
(B) antidepressants;
(C) agents for control of mania or depression;
(D) antianxiety agents;
(E) sedatives, hypnotics, or other sleep-promoting
drugs; and
(F) psychomotor stimulants.
(66) Registered nurse--A nurse licensed by the Texas
Board of Nursing to practice professional nursing in Texas.
(67) Registries--
(A) The Nurse Aide Registry maintained by DADS in accordance
with §94.12 of this title (relating to Findings and Inquiries);
and
(B) The Employee Misconduct Registry maintained by
DADS in accordance with Chapter 93 of this title (relating to Employee
Misconduct Registry (EMR)).
(68) Reporter--A person who reports an allegation of
abuse, neglect, or exploitation.
(69) Restraint monitor--A designated facility employee
who has received competency-based training and demonstrated proficiency
in the application and assessment of restraints, who has experience
working directly with individuals with developmental disabilities,
and who is trained to conduct a face-to-face assessment of the individual
who was restrained and the staff involved in the restraint to review
the application and results of the restraint.
(70) Retaliation--An action intended to inflict emotional
or physical harm or inconvenience on a person including harassment,
disciplinary action, discrimination, reprimand, threat, and criticism.
(71) SSLC--A state supported living center.
(72) State office mortality review--A quality assurance
activity to review data related to the death of an individual to identify
trends, best practices, training needs, policy changes, or facility
or systemic issues that need to be addressed to improve services at
facilities.
(73) Supine restraint--Any physical or mechanical restraint
that places the individual on his or her back. Supine restraint does
not include when an individual is placed in a supine position as a
necessary part of a medical restraint, or when an individual moves
into a supine position during an incident of physical restraint, if
staff immediately begin an adjustment to restore the individual to
a standing, sitting, or side-lying position or, if that is not possible,
immediately release the person. Supine restraint does not include
persons who have freedom of movement in a hospital bed or dental chair
that is at a reclined position. Supine restraint is prohibited.
(74) THSC--Texas Health and Safety Code.
(75) Treating physician--A physician who has provided
medical or psychiatric treatment or evaluation and has an ongoing
treatment relationship with an individual.
(76) Unconfirmed--Term used to describe an allegation
in which a preponderance of evidence exists to prove that it did not
occur.
(77) Unfounded--Term used to describe an allegation
that DFPS determines is spurious or patently without factual basis.
(78) Unusual incident--An event or situation that seriously
threatens the health, safety, or life of an individual.
(79) Victim--An individual who has been or is alleged
to have been abused, neglected, or exploited.
(80) Volunteer--A person who is not part of a visiting
group, who has active, direct contact with an individual, and who
does not receive compensation from DADS other than reimbursement for
actual expenses.
|
| Source Note: The provisions of this §3.101 adopted to be effective October 6, 2011, 36 TexReg 6511; amended to be effective April 10, 2012, 37 TexReg 2431; amended to be effective October 29, 2012, 37 TexReg 8595; amended to be effective May 16, 2013, 38 TexReg 2841; amended to be effective November 1, 2014, 39 TexReg 8409; amended to be effective April 7, 2015, 40 TexReg 1988; amended to be effective June 20, 2017, 42 TexReg 3161 |
