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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 1DEPARTMENT OF AGING AND DISABILITY SERVICES
CHAPTER 3RESPONSIBILITIES OF STATE FACILITIES
SUBCHAPTER ADEFINITIONS
RULE §3.101Definitions

  (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

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