Texas Administrative Code

Yes, the same requirements found in Division 1 of this subchapter (relating to Service Plans) apply to a service plan review and update. Notes 26 Tex. Admin. Code § 749.1337 The provisions of this §749.1337 adopted to be effective January 1, 2007, 31 TexReg 7469; transferred effe…

(a) Each child's intellectual functioning must be re-evaluated at least every three years by a psychologist qualified to provide psychological testing; or (b) A psychologist must determine the need and frequency for a specific child's intellectual functioning to be re-evaluated, …

A transfer refers to a child in care who is moved from one of your programs to another one of your programs operated under the same permit or at the same location. For example, a child may transfer from one foster home in which he was receiving treatment services to another foste…

(a) You must involve at least the following persons in planning the child's non-emergency discharge or transfer: (1) At least one of the child's current caregivers; and (2) At least one professional service provider involved in the child's service planning. (b) You must invite th…

No, the foster home must not release a child to any person without your consent. Notes 26 Tex. Admin. Code § 749.1365 The provisions of this §749.1365 adopted to be effective January 1, 2007, 31 TexReg 7469; transferred effective March 9, 2018, as published in the Texas Register …

You must discharge a child to the child's parent or to anyone with written authorization from the parent or a person authorized by the court or by law to assume custody of the child. Notes 26 Tex. Admin. Code § 749.1367 The provisions of this §749.1367 adopted to be effective Jan…

The child's caregiver(s) or the child placement staff must accompany the child to the receiving operation, agency, or person unless the child's parent or law enforcement transports the child. Notes 26 Tex. Admin. Code § 749.1369 The provisions of this §749.1369 adopted to be effe…

At the time of a discharge or transfer, you must document the following: (1) The date and circumstances of the discharge or transfer; (2) Date and time the child was informed of his discharge or transfer, if applicable; (3) For discharge, the name, address, telephone number and r…

(a) On or before the child's discharge, you must attempt to obtain legal consent to release the information in subsection (b) of this section. If consent is not obtained, your attempt to obtain consent must be documented in the child's record. If consent is obtained, the informat…

An emergency transfer or discharge occurs when: (1) The parent withdraws a child unexpectedly from care; (2) There is a medical emergency requiring inpatient care; (3) The child is absent from the home and cannot be located; or (4) There is an immediate danger to the child or oth…

(a) A child in your care must receive medical care: (1) Initially, according to the requirements in § 749.1151 of Title 40 (relating to What are the medical requirements when I admit a child into care?); (2) As needed for injury, illness, and pain; and (3) As needed for ongoing m…

A health-care professional determines the need and frequency for ongoing maintenance of medical care and treatment for a child. Notes 26 Tex. Admin. Code § 749.1403 The provisions of this §749.1403 adopted to be effective January 1, 2007, 31 TexReg 7469; transferred effective Mar…

A health-care professional licensed in the United States to practice in an appropriate medical or health-care discipline must perform medical care examinations and provide medical treatment for a child. Notes 26 Tex. Admin. Code § 749.1405 The provisions of this §749.1405 adopted…

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) A child in your care must receive dental care: (1) Initially, according to the requirements in § 749.1153 of Title 40 (relating to What are the dental requirements when I admit a child into care?); (2) At as early an age as necessary; (3) As needed for relief of pain and infe…

A licensed dentist must determine the frequency and need for ongoing maintenance of dental health for a child. You must comply with dentist recommendations for examinations and treatment for each child Notes 26 Tex. Admin. Code § 749.1411 The provisions of this §749.1411 adopted …

A health-care professional licensed in the United States to practice dentistry must provide dental care. Notes 26 Tex. Admin. Code § 749.1413 The provisions of this §749.1413 adopted to be effective January 1, 2007, 31 TexReg 7469; transferred effective March 9, 2018, as publishe…

(a) You must notify the Department of State Health Services (DSHS) after you become aware that a person in your care, an employee, a contract service provider, a caregiver, someone else in one of your foster homes, or a volunteer has contracted a communicable disease that the law…

(a) All persons over the age of one year old must have a documented tuberculosis screening that was conducted as recommended by the Center for Disease Control (CDC) within 30 days before or after beginning to live, work, or volunteer at your operation unless the person: (1) Has l…

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) Each child that you admit must meet and continue to meet applicable immunization requirements as specified by the Department of State Health Services. (b) You must maintain current immunizations records for each child in your care, including any immunization exemptions or exc…

(a) A child may be exempt from immunization requirements for a medical reason and reason of conscience, including a religious belief. To claim an exemption, the person applying for the child's admission must meet criteria specified by: (1) § 42.043(d) and (d-1) of the Human Resou…

Acceptable documentation includes: (1) An official immunization record generated from a state or local health authority, including a record from another state. Examples include a registry, a copy of the current immunization record that is on file at the pre-kindergarten program o…

(a) You must ensure that each child you admit is screened for possible vision and hearing problems that meet the requirements of the Special Senses and Communication Disorders Act, Health and Safety Code, Chapter 36. If problems are detected, the child must have a professional vi…

You must: (1) Schedule the child for professional examination and needed health services; (2) Ensure the professional and medical recommendations are carried out; and (3) Convey the information concerning the child's visual and/or hearing difficulty to the educational and agency …

When recommended by a physician or other health-care professional, you must ensure that a child with a physical disability has any special equipment recommended that can be reasonably obtained. Notes 26 Tex. Admin. Code § 749.1431 The provisions of this §749.1431 adopted to be ef…

(a) A licensed physician must review a child's primary medical needs: (1) At least every 90 days or on a schedule recommended by the child's physician; and (2) Whenever a medical or related problem occurs. (b) The review must address: (1) Whether the child can continue to be care…

(a) Only the following may insert a nasogastric tube: (1) A physician; (2) A licensed nurse according to a physician's written orders; or (3) A caregiver instructed by a licensed nurse according to a physician's written orders. (b) The caregiver must document each insertion in th…

For an injury or illness that requires immediate treatment by a health-care professional, the caregiver must immediately have the child treated by a healthcare professional, contact emergency services, or take the child to the nearest emergency room after ensuring the supervision…

(a) You must obtain a general written consent to administer routine, preventive, and emergency medications. (b) You must obtain a written, signed, and dated consent, specific to the psychotropic medication to be administered, from the person legally authorized to give medical con…

(a) To the best of their knowledge, caregivers must inform the person legally authorized to give medical consent of the benefits, risks, and side effects of all prescription medication and treatment procedures used and the medical consequences of refusing them, and/or provide the…

(a) For non-prescription medications and supplements, you must: (1) Follow the label instructions for dosage; and (2) Ensure that the non-prescription medication or supplement is not contraindicated with any medication prescribed for the child or medical condition that the child …

For a child to be on a self-medication program: (1) The child's parent must give written authorization for the child to be on the program; (2) The child's service plan must include the self-medication program and any requirements for caregiver supervision; and (3) The health-care…

When a child who is on a self-medication program takes a dosage of the medication, you must ensure there is a system for reviewing the child's medication each day and that the child either: (1) Records the daily dosage; or (2) Reports the medication to a caregiver, who must then …

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 foster home must: (1) Store medication in a locked container; (2) Keep medication inaccessible other than to caregivers responsible for stored medication; (3) Store medication covered by Schedule II of the Texas Controlled Substances Act under double lock in a separate containe…

(a) Caregivers must maintain a cumulative medication record of all: (1) Prescription medication dispensed to each child; and (2) Nonprescription medications and supplements that are dispensed to a child under five years old. (b) The cumulative medication record must be updated wi…

(a) The foster parents must maintain at the foster home the child's medication records for the current month. (b) Foster parents must submit copies of the child's medication records to you each month. You must file these medication records in the child's record. (c) You must main…

You must make suitable forms available to caregivers for maintaining adequate records of all medications administered to a child. Notes 26 Tex. Admin. Code § 749.1545 The provisions of this §749.1545 adopted to be effective January 1, 2007, 31 TexReg 7469; transferred effective M…

A medication error includes, but is not limited to, the following: (1) A child receives the wrong medication; (2) A child receives medication prescribed to someone else; (3) A child receives the wrong dosage of medication; (4) A child receives medication at the wrong time; (5) A …

(a) If a caregiver finds a medication error regarding a prescribed medication, the caregiver must contact a health-care professional immediately, unless the error is the type described in paragraph (4) or (5) of § 749.1561 of Title 40 (relating to What is a medication error?), an…

If a caregiver finds a medication label error, the caregiver must: (1) Report the error to the pharmacist; and (2) Have the label on the medication container corrected as soon as possible but no later than the next business day. Notes 26 Tex. Admin. Code § 749.1565 The provisions…

If a child has an adverse reaction (unexpected or dangerous reaction) to a medication, the caregiver must: (1) Immediately report the reaction to a health-care professional and the child's parent; (2) Follow the health-care professional's recommendations; (3) Seek further medical…

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) Before requesting the person's written consent to give the child psychotropic medication, the prescribing health-care professional must give the following in writing or document a discussion with the person or a combination of both: (1) The child's diagnosis; (2) The nature o…

If you are requesting consent and the person legally authorized to give consent is not privy to this information, you must: (1) Before requesting the person's written consent to give the child psychotropic medication, provide information in writing or document a discussion with t…

(a) If a physician has made a determination that there is an emergency according to § 266.009 of the Family Code and the emergency requires the administration of a psychotropic medication, then you must follow the physician's orders and do not have to obtain consent prior to the …

(a) You must ensure that caregivers maintain a daily record of the child's use of such medication according to the requirements in § 749.1541 of Title 40 (relating to What records must caregivers maintain for each child receiving medication?). (b) Caregivers must document in the …

(a) If a child takes psychotropic medications, the prescribing health-care professional must evaluate and document in the child's medication record a description of the child's response to the medication and an assessment of its effectiveness and the appropriateness of continuing…

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…