Section 967.37 - Imminent Harm Resulting from Documented Self-Injurious Behavior(a) Only staff who have successfully completed competency-based training on the use of restraints may implement restraint procedures. Staff who implement restraint procedures must also complete training on person-specific instructions and other measures regarding restraints contained in an individual's protective mechanical restraint plan for self-injurious behavior or other plan.(b) Staff may implement restraint to protect an individual from imminent harm resulting from documented self-injurious behavior if the following conditions have been met: (1) the IDT has developed an ISP action plan for the individual that describes the need for protective mechanical restraint for self-injurious behavior; includes the procedures that will be employed to reduce the need for restraint, including a PBSP; and provides specific individualized instructions for staff on how to apply the restraints safely and the periods of time and the conditions under which the restraints can be safely removed;(2) a structural and functional assessment has been completed or revised that identifies possible functions of the self-injurious behavior;(3) the IDT has developed other clinical plans, as applicable, such as habilitation plans supported by an assessment or evaluation, to reduce the need for protective mechanical restraint;(4) a PBSP has been completed or revised, based on a structural and functional assessment, that includes procedures, as appropriate, for teaching and strengthening alternative behaviors to self-injurious behaviors and teaching procedures that will help prevent self-injurious behavior as the time without the use of protective mechanical restraints increases;(5) the instructions for applying the protective mechanical restraint for self-injurious behavior have been developed, including a schedule for removing and replacing the mechanical restraint that safely increases the time out of protective mechanical restraint;(6) a PCP has assessed the individual and determined that the self-injurious behavior is at an intensity and frequency that causes imminent risk of serious physical injury and there is a need for protective mechanical restraints for self-injurious behavior; and(7) a system for monthly reviews of data by the IDT has been established, including the PCP's continued reevaluation as to whether the intensity and frequency of the self-injurious behavior warrants continuing the restraint plan.26 Tex. Admin. Code § 967.37
Transferred from 40 TAC § 3.606 Texas Register, Volume 49, Number 27, July 5, 2024, TexReg 4433, eff. 7/31/2024