Section 551.45 - Wheelchair Self-Release Seat Belts(a) For the purposes of this section, a "self-release seat belt" is a seat belt on a resident's wheelchair that the resident demonstrates the ability to fasten and release without assistance. A self-release seat belt is not a restraint.(b) Except as provided in subsection (c) of this section, a facility must allow a resident to use a self-release seat belt if:(1) the resident or the resident's legally authorized representative (LAR) requests that the resident use a self-release seat belt;(2) the resident consistently demonstrates the ability to fasten and release the self-release seat belt without assistance;(3) the use of the self-release seat belt is documented in and complies with the resident's individual program plan (IPP); and(4) the facility receives written authorization, signed by the resident or the resident's LAR, for the resident to use the self-release seat belt.(c) A facility that advertises as a restraint-free facility is not required to allow a resident to use a self-release seat belt if the facility:(1) provides a written statement to all residents that the facility is restraint-free and is not required to allow a resident to use a self-release seat belt; and(2) makes reasonable efforts to accommodate the concerns of a resident who requests a self-release seat belt in accordance with subsection (b) of this section.(d) A facility is not required to continue to allow a resident to use a self-release seat belt in accordance with subsection (b) of this section if:(1) the resident cannot consistently demonstrate the ability to fasten and release the seat belt without assistance;(2) the use of the self-release seat belt does not comply with the resident's IPP; or(3) the resident or the resident's LAR revokes in writing the authorization for the resident to use the self-release seat belt.26 Tex. Admin. Code § 551.45
The provisions of this §551.45 adopted to be effective January 1, 2018, 42 TexReg 7727; Transferred from Title 40, Chapter 90 by Texas Register, Volume 44, Number 15, April 12, 2019, TexReg 1883, eff. 5/1/2019; Amended by Texas Register, Volume 47, Number 07, February 18, 2022, TexReg 0789, eff. 2/24/2022