SECTION 749.1673. May I use supportive devices?

(a) You may use supportive devices if a licensed physician orders their use for a specific child. The orders must indicate the circumstances under which the supportive device is permitted.

(b) You may not use a supportive device as a substitute for appropriate nursing care.

(c) You may not use supportive devices that include tying or depriving or limiting the use of a child's hands or feet.

(d) You may not use supportive devices as:

(1) Punishment;

(2) Retribution or retaliation;

(3) Means to get a child to comply;

(4) A convenience for caregivers or other persons; or

(5) A substitute for effective treatment or habilitation.

(e) If a device is not specifically for assisting with sleep or safety during sleep, you must remove the device during rest periods.

(f) You must document the use of supportive devices in the child's record, service plan, and service plan reviews. The service planning team must discuss and document in the child's service plan reviews:

(1) Clinical justification for continued use of supportive devices; and

(2) Ways to reduce the need for supportive devices.

Source Note: The provisions of this §749.1673 adopted to be effective January 1, 2007, 31 TexReg 7469; transferred effective March 9, 2018, as published in the Texas Register February 16, 2018, 43 TexReg 909