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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 §90.50Emergency Preparedness and Response

(a) Definitions. In this section:

  (1) "emergency situation" means an impending or actual situation that:

    (A) may interfere with normal activities of a facility or its residents;

    (B) may cause:

      (i) injury or death to a resident or staff member of the facility; or

      (ii) damage to facility property;

    (C) requires the facility to respond immediately to mitigate or avoid the injury, death, damage or interference; and

    (D) does not include a situation that arises from the medical condition of a resident such as cardiac arrest, obstructed airway, cerebrovascular accident;

  (2) "plan" means a facility's emergency preparedness and response plan; and

  (3) "receiving facility" means a facility that has agreed to receive the residents of another facility who are evacuated due to an emergency situation.

(b) Administration. A facility must:

  (1) develop and implement a written plan as described in subsection (c) of this section;

  (2) maintain a current written copy of the plan that is accessible to all staff at all times;

  (3) evaluate the plan to determine if information in the plan needs to change:

    (A) within 30 days after an emergency situation;

    (B) due to remodeling or making an addition to the facility; and

    (C) at least annually;

  (4) revise the plan within 30 days after information in the plan changes; and

  (5) maintain documentation of compliance with this section.

(c) Emergency Preparedness and Response Plan. A facility's plan must:

  (1) include a risk assessment of potential internal and external emergency situations, including a fire, failure of heating and cooling systems, a power outage, an explosion, a hurricane, a tornado, a flood, extreme snow and ice conditions for the area, a wildfire, terrorism, or a hazardous materials accident;

  (2) include a description of the facility's resident population;

  (3) include a description of the services and assistance needed by the residents in an emergency situation;

  (4) include a section for each core function of emergency management that complies with subsection (d) of this section and is based on a facility's decision to either shelter-in-place or evacuate during an emergency situation; and

  (5) include a fire safety plan that complies with subsection (f) of this section.

(d) Plan Requirements Regarding Eight Core Functions of Emergency Management.

  (1) Direction and control. A facility's plan must contain a section for direction and control that:

    (A) identifies the emergency preparedness coordinator (EPC), who is the facility staff person with the authority to manage the facility's response to an emergency situation in accordance with the plan;

    (B) identifies the alternate EPC, who is the facility staff person with the authority to act as the EPC if the EPC is unable to serve in that capacity; and

    (C) documents the name and contact information for the local emergency management coordinator (EMC) for the area in which the facility is located, as identified by the office of the local mayor or county judge.

  (2) Warning. A facility's plan must contain a section for warning that:

    (A) describes how the EPC will be notified of an emergency situation;

    (B) identifies who the EPC will notify of an emergency situation and when the notification will occur, including during off hours, weekends, and holidays; and

    (C) ensures monitoring of local news and weather reports.

  (3) Communication. A facility's plan must contain a section for communication that:

    (A) identifies the facility's primary mode of communication and alternate mode of communication to be used in an emergency situation;

    (B) includes procedures for maintaining a current list of telephone numbers for residents' responsible parties;

    (C) includes procedures for maintaining a current list of telephone numbers for potential places to which to evacuate, such as hotels, motels, and other facilities licensed under this chapter or certified to participate in the Medicaid ICF/MR Program;

    (D) includes procedures for maintaining a current list of telephone numbers for the facility's staff, by residence or unit, that identifies the facility's EPC and administrative staff;

    (E) identifies the location of the lists described in subparagraphs (B) - (D) of this paragraph, which must be a place where facility staff can obtain the information quickly;

    (F) includes procedures to notify:

      (i) facility staff about an emergency situation;

      (ii) a receiving facility about an impending or actual evacuation of residents; and

      (iii) residents, legally authorized representatives, and other persons about an impending or actual evacuation;

    (G) provides a method for persons to obtain resident information during an emergency situation; and

    (H) includes procedures for the facility to maintain communication with:

      (i) facility staff involved in an emergency situation;

      (ii) a receiving facility, if applicable; and

      (iii) the driver of a vehicle transporting residents, medications, records, food, water, equipment, or supplies during an evacuation.

  (4) Sheltering Arrangements. A facility's plan must contain a section for sheltering arrangements that:

    (A) includes procedures for implementing a decision to shelter-in-place that include:

      (i) having access to medications, records, food, water, equipment and supplies; and

      (ii) sheltering facility staff involved in responding to an emergency situation, and their family members, if necessary;

    (B) includes procedures for notifying the DADS regional office for the area in which the facility is located by telephone immediately after a decision to shelter-in-place has been made; and

    (C) includes procedures for accommodating evacuated residents, if the facility serves as a receiving facility for a facility that has evacuated.

  (5) Evacuation. A facility's plan must contain a section for evacuation that:

    (A) requires posting building evacuation routes prominently throughout the facility, except in small one-story buildings where all exits are obvious;

    (B) includes procedures for implementing a decision to evacuate residents to a receiving facility in an emergency situation, if applicable;

    (C) identifies evacuation destinations and routes and includes a map that shows the destinations and routes;

    (D) includes a current copy of the agreement with a receiving facility, if the evacuation destinations identified in accordance with subparagraph (C) of this paragraph include a receiving facility that is not owned by the same entity as the facility;

    (E) includes procedures for:

      (i) ensuring that facility staff accompany evacuating residents;

      (ii) ensuring that residents and facility staff present in the building have been evacuated;

      (iii) accounting for residents after they have been evacuated;

      (iv) accounting for residents absent from the facility at the time of the evacuation;

      (v) releasing resident information in an emergency situation to promote continuity of a resident's care;

      (vi) contacting the local EMC to find out if it is safe to return to the geographical area; and

      (vii) determining if it is safe to re-enter and occupy the building after an evacuation;

    (F) includes procedures for notifying the local EMC regarding an evacuation of the facility;

    (G) includes procedures for notifying the DADS regional office for the area in which the facility is located by telephone immediately after a decision to evacuate is made; and

    (H) includes procedures for notifying DADS regional office for the area in which the facility is located by telephone that residents have returned to the facility, within 48 hours of their return to the facility after an evacuation.

  (6) Transportation. A facility's plan must contain a section for transportation that:

    (A) provides for a sufficient number of facility-owned vehicles to evacuate all residents and for alternate transportation arrangements if the facility-owned vehicles are not available;

    (B) includes procedures for safely transporting residents, facility staff involved in an evacuation and, if necessary, their family members, and the facility's and residents' pets during an evacuation; and

    (C) includes procedures to safely transport and have timely access to oxygen, medications, records, food, water, equipment, and supplies needed during an evacuation.

  (7) Health and Medical Needs. A facility's plan must contain a section for health and medical needs that:

    (A) identifies all of the facility's residents with special medical needs; and

    (B) ensures that the needs of those residents are met during an emergency situation.

  (8) Resource Management. A facility's plan must contain a section for resource management that:

    (A) includes procedures for maintaining accurate and detailed checklists of medications, records, food, water, equipment and supplies needed during an emergency situation;

    (B) identifies facility staff who are assigned to locate and ensure the transportation of the items on the list described in subparagraph (A) of this paragraph during an emergency situation; and

    (C) includes procedures to ensure that medications are secure and stored at the proper temperatures during an emergency situation.

(e) Training. A facility must:

  (1) inform a facility staff member of the staff member's responsibilities under the plan within five working days after assuming job duties;

  (2) re-train a facility staff member at least annually on the staff member's responsibilities under the plan and when the staff member's responsibilities under the plan change; and

  (3) conduct unannounced, annual drills with facility staff for severe weather and other emergency situations identified by the facility as likely to occur, based on the results of the risk assessment required by subsection (c)(1) of this section.

(f) Fire Safety Plan. A facility's fire safety plan must:

  (1) for a large facility, include the provisions described in the Operating Features section of NFPA 101, Chapter 18 (for new healthcare occupancies) and Chapter 19 (for existing healthcare occupancies) concerning:

    (A) use of alarms;

    (B) transmission of alarm to fire department;

    (C) emergency phone call to fire department;

    (D) response to alarms;

    (E) isolation of fire;

    (F) evacuation of immediate area;

    (G) evacuation of smoke compartment;

    (H) preparation of floors and building for evacuation; and

    (I) extinguishment of fire;

  (2) for a small facility, include the provisions described in the Operating Features section of NFPA 101, Chapter 32 (for new residential board and care occupancies) and Chapter 33 (for existing residential board and care occupancies) concerning:

    (A) use of alarms;

    (B) staff response in the event of a fire;

    (C) fire protection procedures for a resident;

    (D) actions to take if the primary escape route is blocked; and

    (E) specification of an assembly point after a resident evacuates from the facility; and

  (3) include procedures for:

    (A) rehearsing the fire safety plan at least once per quarter on each work shift;

    (B) evacuating residents as follows:

      (i) for a small facility that has a prompt or slow evacuation capability, during every fire drill; or

      (ii) for a large facility or facility with an impractical evacuation capability, during at least one fire drill each year on each work shift;

    (C) completing the form titled "DADS Fire Drill Report" or a form containing, at a minimum, the information on the DADS form; and

    (D) providing residents and facility staff with experience in egressing through all exits and means of escape.

(g) Reporting Fires. A facility must report a fire at the facility to DADS as follows:

  (1) by calling 1-800-458-9858 within 24 hours after the fire; and

  (2) by submitting a completed DADS form titled "Fire Report for Long Term Care Facilities" within 15 days after the fire.


Source Note: The provisions of this §90.50 adopted to be effective March 21, 2011, 36 TexReg 1879; amended to be effective October 12, 2017, 42 TexReg 5508

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