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.

Source Note: The provisions of this §260.215 adopted to be effective February 26, 2023, 48 TexReg 896