26 Tex. Admin. Code § 554.424 - Wheelchair Self-Release Seat Belts
(a)
For the purposes of this section, a "self-release seat belt" is a seat belt on
a resident's wheelchair that the resident demonstrates the ability to fasten
and release without assistance. A self-release seat belt is not a
restraint.
(b) Except as provided
in subsection (c) of this section, a facility must allow a resident to use a
self-release seat belt if:
(1) the resident
or the resident's legal guardian requests that the resident use a self-release
seat belt;
(2) the resident
consistently demonstrates the ability to fasten and release the self-release
seat belt without assistance;
(3)
the use of the self-release seat belt is documented in and complies with the
resident's comprehensive care plan; and
(4) the facility receives written
authorization, signed by the resident or the resident's legal guardian, for the
resident to use the self-release seat belt.
(c) A facility that advertises as a
restraint-free facility is not required to allow a resident to use a
self-release seat belt if the facility:
(1)
provides a written statement to all residents that the facility is
restraint-free and is not required to allow a resident to use a self-release
seat belt; and
(2) makes reasonable
efforts to accommodate the concerns of a resident who requests a self-release
seat belt in accordance with subsection (b) of this section.
(d) A facility is not required to
continue to allow a resident to use a self-release seat belt in accordance with
subsection (b) of this section if:
(1) the
resident cannot consistently demonstrate the ability to fasten and release the
seat belt without assistance;
(2)
the use of the self-release seat belt does not comply with the resident's
comprehensive care plan; or
(3) the
resident or the resident's legal guardian revokes in writing the authorization
for the resident to use the self-release seat belt.
Notes
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