January 26th, 2027
During the HCS/TxHmL PI Quarterly Webinar with LTCR on January 26th, 2027 the following clarification was made concerning Assessment For Risk For Restraints:
Only pertains to HCS this rule 565.33 (a) in which all individuals should have an assessment for risk for restraints completed initially within 30 days of receiving services, with the physician’s involvement, and annually and revised, if necessary, thereafter updated by the physician, RN or LVN.
TxHmL does not require the provider to complete a risk for restraints assessment for those individuals without behavior plans.
HCS TAC 565.33 (a)
(a) Within 30 calendar days of receiving services from a program provider and annually thereafter, a program provider must:
(1) with the involvement of a physician, identify:
(A) the individual’s known physical or medical conditions that might constitute a risk to the individual during the use of restraint;
(B) the individual’s ability to communicate; and
(C) other factors that must be taken into account if the use of restraint is considered, including the individual’s:
(i) cognitive functioning level;
(ii) height;
(iii) weight;
(iv) emotional condition that could contraindicate the use of restraint, including whether the individual has a history of having been physically or sexually abused; and
(v) age;
(2) document the conditions and factors identified in accordance with paragraph (1) of this subsection, and, as applicable, limitations on specific restraint techniques or mechanical restraint devices in the individual’s record; and
(3) review and update with a physician, registered nurse (RN), or licensed vocational nurse (LVN), at least annually or when a condition or factor documented in accordance with paragraph (2) of this subsection changes significantly, information in the individual’s record related to the identified condition, factor, or limitation.
