Section 967.41 - Reporting, Tracking, and Documentation(a) Staff must report and investigate a serious injury or death occurring during restraint or within 24 hours after the release from a restraint in accordance with statewide policy on incident management.(b) The facility must review the use of each restraint in a timely manner to determine whether the application of restraint was justified, the restraint was applied correctly, injuries occurred, or factors exist that, if modified, may prevent the future use of restraint.(c) A pharmacist and psychiatrist must conduct a clinical review of each chemical restraint in a timely manner to determine whether the restraint was clinically justified, to identify any potential medication-related risks, and to make any applicable recommendations to the IDT.(d) The IDT, with a determination of risk of physical harm made by the PCP, must review the continued application of restraint in response to risk from documented self-injurious behavior monthly to determine whether current risk warrants continuing the restraint, to analyze the effectiveness of the fading plan, and to adjust the time without restraint, if possible to safely do so.(e) The IDT must review an individual restrained in response to a behavioral crisis or medical or dental intervention at least quarterly to assess progress in changing the circumstances that lead to the use of restraint.(f) A facility must track, trend, and analyze data regarding the application of restraints in accordance with statewide policy on the use of restraints to identify issues or emerging trends and to develop appropriate responses.(g) DADS must report the restraint of an individual to the executive commissioner.26 Tex. Admin. Code § 967.41
Transferred from 40 TAC § 3.608 Texas Register, Volume 49, Number 27, July 5, 2024, TexReg 4433, eff. 7/31/2024