Texas Administrative Code

(a) TDMHMR Central Office and each facility, local authority, and community center shall comply with all applicable federal and state statutes, rules and regulations pertaining to privacy of protected health information (PHI) including, but not limited to, the federal and state s…

Texas Administrative Code Title 1 - ADMINISTRATION Title 4 - AGRICULTURE Title 7 - BANKING AND SECURITIES Title 10 - COMMUNITY DEVELOPMENT Title 13 - CULTURAL RESOURCES Title 16 - ECONOMIC REGULATION Title 19 - EDUCATION Title 22 - EXAMINING BOARDS Title 25 - HEALTH SERVICES Titl…

Texas Administrative Code Title 1 - ADMINISTRATION Title 4 - AGRICULTURE Title 7 - BANKING AND SECURITIES Title 10 - COMMUNITY DEVELOPMENT Title 13 - CULTURAL RESOURCES Title 16 - ECONOMIC REGULATION Title 19 - EDUCATION Title 22 - EXAMINING BOARDS Title 25 - HEALTH SERVICES Titl…

Texas Administrative Code Title 1 - ADMINISTRATION Title 4 - AGRICULTURE Title 7 - BANKING AND SECURITIES Title 10 - COMMUNITY DEVELOPMENT Title 13 - CULTURAL RESOURCES Title 16 - ECONOMIC REGULATION Title 19 - EDUCATION Title 22 - EXAMINING BOARDS Title 25 - HEALTH SERVICES Titl…

Texas Administrative Code Title 1 - ADMINISTRATION Title 4 - AGRICULTURE Title 7 - BANKING AND SECURITIES Title 10 - COMMUNITY DEVELOPMENT Title 13 - CULTURAL RESOURCES Title 16 - ECONOMIC REGULATION Title 19 - EDUCATION Title 22 - EXAMINING BOARDS Title 25 - HEALTH SERVICES Titl…

Texas Administrative Code Title 1 - ADMINISTRATION Title 4 - AGRICULTURE Title 7 - BANKING AND SECURITIES Title 10 - COMMUNITY DEVELOPMENT Title 13 - CULTURAL RESOURCES Title 16 - ECONOMIC REGULATION Title 19 - EDUCATION Title 22 - EXAMINING BOARDS Title 25 - HEALTH SERVICES Titl…

Texas Administrative Code Title 1 - ADMINISTRATION Title 4 - AGRICULTURE Title 7 - BANKING AND SECURITIES Title 10 - COMMUNITY DEVELOPMENT Title 13 - CULTURAL RESOURCES Title 16 - ECONOMIC REGULATION Title 19 - EDUCATION Title 22 - EXAMINING BOARDS Title 25 - HEALTH SERVICES Titl…

Texas Administrative Code Title 1 - ADMINISTRATION Title 4 - AGRICULTURE Title 7 - BANKING AND SECURITIES Title 10 - COMMUNITY DEVELOPMENT Title 13 - CULTURAL RESOURCES Title 16 - ECONOMIC REGULATION Title 19 - EDUCATION Title 22 - EXAMINING BOARDS Title 25 - HEALTH SERVICES Titl…

(a) Federal regulations. The following federal regulations pertain to privacy of protected health information (PHI): (1) Code of Federal Regulations, Title 45, Parts 160 and 164, Federal Standards for Privacy of Individually Identifiable Health Information (i.e., Federal Privacy …

Under Texas Education Code, § 51.344, the Board is authorized to adopt rules to implement the provisions of Texas Education Code, Chapter 51, Subchapter F-1, Texas Success Initiative. Texas Education Code, § 51.403(e), authorizes the Board to establish guidelines and reporting re…

This subchapter references Exhibit A--"Interpretive Guidance on Laws Pertaining to Privacy of Mental Health and Mental Retardation Records for the TDMHMR Service Delivery System," copies of which are available by contacting TDMHMR, Policy Development, P.O. Box 12668, Austin, TX 7…

Reference is made to the following state and federal statutes, rules, and regulations: (1) 45 CFR Parts 160 and 164, and §1386.22; (2) 42 CFR Part 2 and Part 51, Subpart D; (3) 34 CFR Part 99 ; (4) 42 USC §290dd-2, § 1320d et seq., §10805(a)(4), and §15043(a)(2)(I); (5) Texas Hea…

(a) This subchapter shall be distributed to: (1) members of the Texas Mental Health and Mental Retardation Board; (2) executive, management, and program staff of TDMHMR Central Office; (3) CEOs of all facilities, local authorities, and community centers; and (4) advocacy organiza…

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Articulated College Credit--Credit earned through a high school-level course that fulfills specific requirements of an identified co…

(a) Need for Institutional Agreements. For any dual credit partnership between a secondary school and a public college, an agreement must be approved by the governing boards or designated authorities (e.g., principal and chief academic officer) of both the public school district …

(a) Eligible Courses. (1) Courses offered for dual credit by public two-year associate degree granting institutions must be identified as college-level academic courses in the current edition of the Lower Division Academic Course Guide Manual adopted by the Board or as college-le…

(a) The purpose of this subchapter is to establish standards for prescribing psychoactive medication to patients served by the state mental health and mental retardation system in Texas. (b) This subchapter is not a clinical guide to prescribing psychoactive medication and is not…

(a) All patients receiving psychoactive medication will receive timely ongoing face-to-face evaluation and documentation by the prescribing professional of: (1) data collected since the last follow-up, including data about the frequency, severity, and timing of target signs and s…

Special populations will be managed according to accepted guidelines as appropriate to their special needs. (1) Patients with dyskinesias, including tardive dyskinesia. (A) A diagnosis of a dyskinesia will be verified by a psychiatrist or neurologist and documented in the patient…

(a) Each service setting will have in place policies and procedures that address standards monitoring and related procedures for quality management of provision of psychoactive medication related services. (b) At a minimum, psychoactive medication utilization in each service sett…

The following statutes and TDMHMR rules are referenced in this subchapter: (1) Texas Administrative Code, Title 25, Part II, Chapter 414, Subchapter I, relating to Consent to Treatment with Psychoactive Medications - Mental Health Services; and (2) Texas Administrative Code Title…

This subchapter is distributed to: (1) all members of the Texas Mental Health and Mental Retardation Board; (2) executive, management, and program staff of Central Office; (3) CEOs and medical directors of all facilities and LAs; (4) advocacy organizations; and (5) any person on …

(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. (1) Appropriation year--The year for which legal authorization for the charge was granted by the legislature. Multiple app…

(a) Pursuant to Chapter 53, Texas Occupations Code and § 2005.052, Texas Government Code, the Board may suspend or revoke an existing certificate of registration, disqualify a person from receiving a certificate of registration, issue a provisional license subject to the terms an…

(a) The provisions of this subchapter apply to the employees and contractors of: (1) the facilities of the Texas Department of Mental Health and Mental Retardation (TDMHMR); and (2) TDMHMR local authorities. (b) The provisions of this subchapter may not apply to prescribing pract…

(a) Purpose. The purpose of this section is to allow the comptroller to administer, maintain, modify and operate the uniform statewide accounting system, including any required component systems, to serve as the financial system of record for the State of Texas. The uniform state…

The following words and terms, when used in this subchapter, have the following meanings: (1) Accepted guidelines--The Texas Implementation of Medication Algorithms (TIMA) or an alternative guideline formally approved in writing by the TDMHMR medical director. In cases in which n…

(a) The Board shall grant a Certificate of Registration or a provisional Certificate of Registration to an otherwise qualified Applicant who has been convicted of an offense that: (1) is not directly related to the Practice of Interior Design as determined by the executive direct…

(a) Definitions. (1) "Active duty" means current full-time military service in the armed forces of the United States or active duty military service as a member of the Texas military forces, as defined by Section 437.001, Government Code, or similar military service of another st…

The standard of care for psychoactive medication use in patients should not vary according to service setting. The variations in treatment should be individualized according to patient needs. Notes 40 Tex. Admin. Code § 5.4 The provisions of this §5.4 adopted to be effective Augu…

(a) Definitions. In this section: (1) "Community college" has the meaning assigned to "public junior college." (2) "Comptroller" means the comptroller of public accounts for the State of Texas. (3) "Institution of higher education" has the meaning assigned by Education Code, § 61…

The purpose of this subchapter is to: (1) ensure that the health, safety, welfare, rights, and privileges of an individual residing in a state mental retardation facility (state MR facility) are protected when staff recommend utilizing highly restrictive procedures or restricting…

(a) To be eligible for catastrophe property insurance, structures located in the designated catastrophe areas specified in § 5.4008 of this title (relating to Applicable Building Code Standards in Designated Catastrophe Areas for Structures Constructed, Repaired or to Which Addit…

(a) To be eligible for catastrophe property insurance, structures located in the designated catastrophe areas specified in paragraphs (1), (2), and (3) of this subsection that are constructed, repaired, or to which additions are made on or after April 1, 2020, must comply with th…

Texas Administrative Code Title 1 - ADMINISTRATION Title 4 - AGRICULTURE Title 7 - BANKING AND SECURITIES Title 10 - COMMUNITY DEVELOPMENT Title 13 - CULTURAL RESOURCES Title 16 - ECONOMIC REGULATION Title 19 - EDUCATION Title 22 - EXAMINING BOARDS Title 25 - HEALTH SERVICES Titl…

This subchapter applies to state MR facilities. Notes 40 Tex. Admin. Code § 5.402 The provisions of this §5.402 adopted to be effective June 23, 2004, 29 TexReg 5939; Transferred effective September 1, 2004, as published in the Texas Register September 10, 2004, 29 TexReg 8841…

The following words and terms when used in this subchapter shall have the following meanings unless the context clearly indicates otherwise. (1) Behavior services director--A person appointed by the head of the state MR facility to chair the facility's behavior therapy committee …

(a) Each state MR facility must have and implement written policies and procedures concerning behavior therapy that: (1) do not conflict with this subchapter or 42 CFR §483.450(b), concerning the management of inappropriate behavior; (2) emphasize the department's commitment to: …

A state MR facility will ensure that the following general principles are incorporated in its written polices and procedures developed as described in § 415.404 of this title (relating to General Provisions) and followed during the development, implementation, and monitoring of b…

(a) When a behavior therapy program must be developed. An individual's treating psychologist, with input from the individual's interdisciplinary team (IDT), must develop a written behavior therapy program for the individual if: (1) the IDT recommends the use of a highly restricti…

(a) Except as provided in subsection (b) of this section, a state MR facility must obtain legally adequate consent or consent in accordance with this subsection before implementing a functional analysis that requires a written protocol or a behavior therapy program. (1) If an ind…

If restraint is used as part of a behavior therapy program, it must be implemented as described in § 415.355 of this title (relating to General Principles for the Use of Restraint) and § 415.357 of this title (relating to Use of Restraint in a Behavior Therapy Program). Notes 40 …

Each state MR facility must prepare and submit to the State Mental Retardation Facilities division in Central Office a report for each fiscal year quarter detailing the implementation of behavior therapy programs that utilize highly restrictive procedures, to include: (1) the num…

(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. (1) Appropriation year--The year that the legal authorization for the charge was granted by the legislature. Multiple appr…

Reference is made to the following statutes and regulations: (1) 42 CFR §§483.410 - 483.480 et. seq., (Conditions of Participation for Intermediate Care Facilities for Persons with Mental Retardation); (2) 42 CFR §483.430(a), concerning qualified mental retardation professional; …

(a) This subchapter shall be distributed to: (1) members of the Texas Mental Health and Mental Retardation Board; (2) executive, management, and program staff in Central Office; (3) heads of state MR facilities; (4) individual advocates and advocacy organizations, and (5) Texas D…

The following definitions apply to this subchapter: (1) Applicant--A person who submits a new or renewal application for appointment as an appointed qualified inspector. (2) Appointed qualified inspector--An engineer licensed by the Texas Board of Professional Engineers and appoi…

(a) Inspection Verification, Form WPI-2-BC-6. TDI adopts by reference the Inspection Verification, Form WPI-2-BC-6, effective January 1, 2017, for use in windstorm inspection, for structures constructed, repaired, or to which additions are made on and after January 1, 2008, and b…

In submitting an Inspection Verification, Form WPI-2, or a Form WPI-2-BC-6, an appointed qualified inspector verifies that: (1) the ongoing improvement: (A) complies with the wind load requirements of the applicable building code; (B) conforms to a design of the ongoing improveme…

(a) Revocation or denial of appointment. After notice and opportunity for hearing, the Commissioner may revoke an appointed qualified inspector's appointment or deny an appointed qualified inspector's application for appointment if: (1) the applicant or appointed qualified inspec…