Section 260.215 - Protective Devices(a) A protective device is a restrictive intervention that a program provider may use in accordance with this section.(b) A program provider must not use a protective device to modify or control an individual's behavior, for disciplinary purposes, for convenience, or as a substitute for an effective, less restrictive method.(c) Before a program provider uses a protective device, the program provider must: (1) have an RN conduct an assessment of the individual's needs;(2) consider less restrictive methods that, if effective, would accomplish the purpose of the protective device;(3) document in the individual's record the reasons why less restrictive methods would not be effective;(4) obtain and retain in the individual's record written consent of the individual or LAR to use a protective device;(5) provide oral and written notification to the individual or LAR of the right at any time to withdraw consent for the use of the protective device;(6) have an RN, with input from the individual, the individual's LAR, the individual's service planning team, and other professional personnel, develop a written service plan, which may be part of the individual's plan of care as defined in § 558.2 of this title (relating to Definitions), signed by a physician, that describes: (A) the type of device and the circumstances under which it may be used;(B) how to use the protective device and any contraindications specific to the individual;(C) how and when to document the use of the protective device;(D) how to monitor the protective device; and(E) when and whom the program staff must notify of the use of a protective device;(7) ensure the service planning team reviews and approves the written service plan;(8) ensure that each service provider who will use a protective device has been trained in the proper use of the protective device; and(9) ensure the training is documented in the service provider's record.(d) A program provider that uses a protective device must:(1) document in the individual's record any use of the protective device in accordance with the written service plan;(2) ensure that an RN, with input from the individual's service planning team and other professional personnel, at least annually, and when the individual's needs change:(A) evaluates and documents in the individual's record the effects of the protective device on the individual's health and welfare; and(B) reviews the use of a protective device to determine its effectiveness and the need to continue the protective device; and(3) ensure that an RN, in accordance with subsection (c)(6) of this section, revises the service plan when the individual's service planning team and physician determine that a protective device is not effective or needed.26 Tex. Admin. Code § 260.215
Adopted by Texas Register, Volume 48, Number 07, February 17, 2023, TexReg 0913, eff. 2/26/2023