This is a clone of the Texas Administrative Code (TAC) for educational purposes. It is not the official version and should not be used for legal purposes. Site created Wed, 21 May 2025 21:16:46 GMT
(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.