Current through Reg. 49, No. 49; December 6, 2024
Section 554.424 - 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 legal guardian 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 comprehensive care plan; and(4) the facility receives written authorization, signed by the resident or the resident's legal guardian, 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 comprehensive care plan; or(3) the resident or the resident's legal guardian revokes in writing the authorization for the resident to use the self-release seat belt.26 Tex. Admin. Code § 554.424
Adopted by Texas Register, Volume 42, Number 52, December 29, 2017, TexReg 7726, eff. 1/1/2018; Entire chapter transferred from Title 40, Pt. 1, Ch. 19 by Texas Register, Volume 45, Number 50, December 11, 2020, TexReg 8871, eff. 1/15/2021