Texas Register, Volume 14, Number 11, Pages 645-721, February 10, 1989 Page: 786
645-721 p. ; 28 cm.View a full description of this periodical.
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adopted under 70th Lngislaluto, 1987, Article
4514, 1, and Sonat Bill 1439, which pro-
vides the Board of Nurse Examiners with tho
authority to make and enforce all rules and
regulations necessary for the performance of
its duies and condctgin of proceedings in-
fore it, to establish standars of professional
conduct for all persons licensed under the
provisions of this ilw in keeping with its pur-
pose and objectives, to regulate the practice
of professional nursing, and to ndetemine
whether or not an act constitu'as the practice
of professional nursing, not inconsistent with
this Act. Such rules and regulations shall not
be inconsistent with the provisions of this law.
This agency hersby certifls that the rule as
adopted has been reviewed by legal counsel
and found to be a valid exercise of the agen-
cy's legal authority.
Issued in Austin, Texas, on February 1, 1989.
TRD-8900974 Louisl Waddill
Excuive Secretary
BEard of Nurse Examiners
Effective date: February 23, 1989
Proposal publication date: December 23,
1988
For further information, p se cal: (512)
835-4880
TITLE 25. HEALTH
SERVICES
Part II. Texas Department
of Mental Health and
Mental Retardation
Chapter 40t. Systems
Administration
Subchapter D. Standards of
the Texas Department of
Mental Health and Mental
Retardation-Quality
Assurance
* 25 TAC $1401.341-401350
The Texas Deparbnent of Mental Health and
Mental Retardaeon (TDMHMR) adopts new
)401.341-401.350. Section 401.345 and
401.349, we adoptd with changes. Secon
401.345 adopts by renas he TDMHMR
Mental Helth Community standards. Sec-
tions 401.341-401.344, 401.346-401.348, and
401.350 are adopted without changes and
will not be republished.
Section 401.349(12) is changed to reflect a
revised effective dat for mental health com-
munity standards of 1909. Changes to the
TDMHMR Manaul He2lhA Cowumuity Sandaras
an adopted by reference inclue the addition of
an overview o the mental heath service sysan
incldina philosophy, and a descripion oat the
application of the standard; the addition of sev-
erl terms to the gkssaary the clariicadon of
language in most sections of the standards, in-
clding service ple, clinot riffs, safety and
thempeic avisauneat, traame plarwing and
programming, omthuiry of ravices, medication
and other uratmen and residitial services; and
the deletion df naval stawdds.There was no public comment concerning the
proposed setions; hiowver, prior to publica-
tion, comment was soicited from TDMHMR
employees, members of special interest
groups, and other interested individuals con-
orVing the TDMHMR MeStal Health Cxmm-
nity Sdard . 'The recomnendaion rece ved in
response to the request for comseni formed the
basis for many of the changes made in the docu-
ment as adopted. A summary of this independent
comment and revision process is available from
the Texas Dlparunent of Mental Health and
Mental Retardation, P.O. Box 12668, Austin.
Texa 78711.
'1he new sections are a6)dpted under Toxas
Civil Statutes, Article 5547-202, which pro-
vido the Texas Board of Mental Health and
Mental Retardation with rulemaking powers.
401345 Standards of Care.
(a) The Texas Department of Men-
tal Health and Mental Retardation adopts by
reference the following standards as integral
to quality client services in facilities and
centers:
(1) Joint Commission on Ac-
creditation of Healthcare Organizations
standards-standards contained in Consoli-
dated Standards for Child, Adolescent, and
Adult Psychiatric, Alcoholism, aOd Drug
Abuse Facilitics or Accreditation Manual
for Hospitals, as applicable, for mental
health facilities.
(2) Medicare st.andais-federal
standards governing conditions of participa-
tion for hospitals serving Title XVIII clients
in mental health facilities, as contained in
42 Code of Federal Regulations 405,
Subpart J.
(3) National Fire Protection As-
sociation (NFPA) standards-standards con-
tained in the NFPA's Life Safety Code.
(4) Rehabilitation Act of i973,
1504-federal standards for rights of the
handicapped.
(5) Medicaid standards-tan-
da governing intermediate care facilities
for persons with mental retardation or re-
lated conditions (ICF-MR) codified in 42
Code of Federal Regulations 442, Subpart
C, for all mental retardation facilities; and
ACDD standard-standards of the Accredi-
tation Council on Services for People with
Developmental Disabilities for designated
mental retardation facilities, as contained in
Standards for Services for Pcople with De-
velopmental Disabilities.
(6) Community-based program
standards-standards contained in the
TDMHMR Conmunity Standards of the
Texas Department of Mental Health and
Mental Retardation.
(7) Community-based mental
health program standards-standards con-
tained in TDMHMR Mental Health Coanr.w-
nity Standards of the Texas Department of
Mental Health and Mental Retardation.
(8) Community-based mental re-tardation program standard-tandards con-
taied in TDMHMR Commundy Standards
Jr ld iiduals with Mental Retardaii of
the Texas Department of Mental Health and
Mental Retardation
(9) Commission on Laboratory
Accreditation of the College of American
Pathologists (CAP) stanc- -r-laboatory
standards for all TDMRMR facilities con-
aind in Standards of the Commnission on
Laboratory Accreditation of the College of
American Pathologists.
(b) Copies of these documents are
avalbl for inspction at dthe Texas De-
paitment of Mental Health and Mental Re-
tardation, 909 West 45th Street, Austin, or
by writing to the Texas Department of
Mental Health and Meatal Retardation, P.O.
Box 12668, Austin, Texas 78711-2668.
401349. References. Reference is made
to the following statutes, standards, and
rules of the dep artment:
(1) 42 Cede of Federal Regula-
tions 405, Subpart J (Medicare standard for
psychiatric hospitals);
(2) 42 Cede of Federal Regula-
tions 442, Subpart G (Medicaid standards
for ICV-MR services ;
(3) Rehabilitation Act of 197T3
(Public Law 93-112, 504);
(4) Texas Mental Health and
Mental Retardation Act (Texas Civil Stat-
utes, Article 5547-201 et seq.);
(5) Mentally Retarded Persons
Act ('exas Civil Statutes, Article 5547-
300);
(6) Texas Mental Health Code
(Texas Civil Statutes, Article 5547-1 et
seq);
(7) TDMHMR rules contained
in the Texas Administrative Code, Tide 25,
Part II, Chapters 401-407;
(8) Directive 1, concerning stan-
dard opaating prucedurs;
(9) Directive 11, concerning
standards and quality assurance, Texas De-
partment of mental Health and Mental Re-
tardstion;
(10) Directive 12, concerning
professional nursing quality assurance;
(11) TDMHMR Commuity
Standards, Texas Department of Mental
Health and Mental Retardation, 1985;
(12) TDMIHMR 4tental Htealth
Comwuity Standards. Texas Department
of Mental Health and Mental Retardation,
1989;
(13) TDMHMR Comm naity
Standards for Individal with Mental Re-
tardation, exa DEpartment of Mental
Health d FMental Retardation, 1988;
(14) Consolidated Stndauds for14 TxRq 786 Fekruary 10, 1989 Texas Regster *
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Texas. Secretary of State. Texas Register, Volume 14, Number 11, Pages 645-721, February 10, 1989, periodical, February 10, 1989; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth215998/m1/64/: accessed May 22, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.