| (a) The CEO or CEO's designee shall notify the individual's
legally authorized representative if any, or authorized family member
of each episode of restraint or seclusion initiated for the management
of a behavioral emergency as follows:
(1) except as provided by 42 Code of Federal Regulations,
Part 2, and subsection (c) of this section, a staff member shall notify
as soon as possible, but no later than 12 hours following the initiation
of the restraint or seclusion, the legally authorized representative
of a minor under age 18 who is not or has not been married; and
(2) except as provided by subsection (c) of this section,
in cases in which the adult individual has consented to have one or
more specified family members informed regarding the individual's
care, and the family member or members have agreed to be informed,
a staff member will inform the family member or members of the restraint
or seclusion episode within the time frame determined by prior agreement
between the individual and specified family member(s).
(b) The date and time of notification and the name
of the staff member providing the notification must be documented
in the individual's medical record. The documentation shall include
any unsuccessful attempts, the phone number called, and the name(s)
of person(s) with whom the staff member spoke.
(c) As permitted by Texas Health and Safety Code, §611.0045(b),
a professional may deny an individual's legally authorized representative
access to any portion of an individual's record if the facility determines
that the disclosure of such portion would be harmful to the individual's
physical, mental, or emotional health.
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