SECTION 748.2751. May a caregiver successively use emergency behavior interventions on a child?  


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  • (a) A caregiver may successively use emergency behavior interventions on a child only if:

    (1) Allowed by your policies;

    (2) Permitted by rules of this subchapter for both types of emergency behavior intervention; and

    (3) The following written orders are met:

    (A) If the successive intervention is seclusion immediately following a personal restraint or mechanical restraint: the written order for the seclusion meets the requirements in Division 3 of this subchapter (relating to Orders) and provides clinical justification for the use of the seclusion successive to a personal restraint or a mechanical restraint;

    (B) If the successive intervention is a mechanical restraint immediately following a personal restraint or seclusion: the written order for the mechanical restraint meets the requirements in Division 3 of this subchapter and permits and provides clinical justification for the use of the mechanical restraint successive to a personal restraint or a seclusion; and

    (C) If the successive intervention is a personal restraint immediately following a seclusion or a mechanical restraint: The professional ordering the seclusion or mechanical restraint must approve of and provide clinical justification for the successive use of the personal restraint in a written order.

    (b) If the successive intervention is personal restraint immediately following another personal restraint, the time spent in the personal restraints is cumulative and may not exceed the maximum length of time permitted.

    (c) A caregiver must allow the child:

    (1) Bathroom privileges as needed and at least once every two hours;

    (2) An opportunity to drink water at least once every two hours;

    (3) Regularly prescribed medications unless otherwise ordered by the licensed physician;

    (4) Regularly scheduled meals and snacks served in a safe and appropriate manner; and

    (5) An environment that is adequately ventilated during warm weather, adequately heated during cold weather, appropriately lighted, and free of safety hazards.

Source Note: The provisions of this §748.2751 adopted to be effective January 1, 2007, 31 TexReg 7377; amended to be effective September 1, 2010, 35 TexReg 7497; amended to be effective February 7, 2017, 42 TexReg 488; transferred effective March 9, 2018, as published in the Texas Register February 16, 2018, 43 TexReg 909