Abuse, neglect, and exploitation do not include the following:
(1) the proper use of restraints and seclusion, including
Prevention and Management of Aggressive Behavior (PMAB), and the approved
application of behavior modification techniques as described in:
(A) 25 TAC Chapter 415, Subchapter F (relating to Interventions
in Mental Health Programs);
(B) 25 TAC Chapter 404, Subchapter E (relating to Rights
of Persons Receiving Mental Health Services);
(C) 40 TAC Chapter 3, Subchapter F (relating to Restraints);
(D) 40 TAC Chapter 90, Subchapter C (relating to Standards
for Licensure);
(E) 40 TAC Chapter 2, Subchapter G (relating to Role
and Responsibilities of a Local Authority);
(F) 40 TAC Chapter 9, Subchapter D (relating to Home
and Community-based Services (HCS) Program and Community First Choice
(CFC));
(G) 40 TAC Chapter 9, Subchapter N (relating to Texas
Home Living (TxHmL) Program and Community First Choice (CFC));
(H) 40 TAC Chapter 97, Subchapter H (Standards Specific
to Agencies Licensed to Provide Hospice Services);
(I) 40 TAC Chapter 42, Subchapter D (relating to Additional
Program Provider Provisions);
(J) 1 TAC Chapter 353, Subchapter C (Member Bill of
Rights); and
(K) 40 TAC Chapter 45, Subchapter H (relating to Additional
DSA Requirements).
(2) actions taken in accordance with the rules of DADS,
DSHS, or HHSC; or
(3) actions that a direct provider may reasonably believe
to be immediately necessary to avoid imminent harm to self, individuals
receiving services, or other individuals provided the actions are
limited only to those actions reasonably believed to be necessary
under the existing circumstances.
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| Source Note: The provisions of this §711.23 adopted to be effective May 1, 2001, 26 TexReg 2755; amended to be effective March 1, 2008, 33 TexReg 1360; amended to be effective June 1, 2010, 35 TexReg 4180; amended to be effective June 1, 2014, 39 TexReg 3878; amended to be effective September 1, 2016, 41 TexReg 6218; amended to be effective November 5, 2017, 42 TexReg 6187; transferred effective June 15, 2019, as published in the Texas Register May 24, 2019, 44 TexReg 2617 |
