Part 3.
TEXAS YOUTH COMMISSION
Chapter 91.
PROGRAM SERVICES
Subchapter D. HEALTH CARE SERVICES
37 TAC §91.99
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Texas Youth Commission or in the Texas Register office, Room 245, James
Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Youth Commission (the commission) proposes
the repeal of §91.99, Medical Admissions for Al Price State Juvenile
Correctional Facility. The repeal of the section will allow for a significantly
revised rule to be published in its place. The revised rule can be found in
this issue of the
Texas Register
.
Robin McKeever, Assistant Deputy Executive Director for Financial Support,
has determined that for the first five-year period the repeal is in effect
there will be no fiscal implications for state or local government as a result
of enforcing or administering the repeal.
Neil Nichols, General Counsel, has determined that for each year of the
first five years the repeal is in effect the public benefit anticipated as
a result of repealing the section will be the publication of an updated rule
to replace this section. There will be no effect on small businesses. There
is no anticipated economic cost to persons who are required to comply with
the repeal as proposed. No private real property rights are affected by adoption
of this repeal.
Comments on the proposal may be submitted within 30 days of the publication
of this notice to DeAnna Lloyd, Chief of Policy Administration, Texas Youth
Commission, 4900 North Lamar, P.O. Box 4260, Austin, Texas 78765, or e-mail
to deanna.lloyd@tyc.state.tx.us.
The repeal is proposed under the Human Resources Code, §61.034,
which provides the commission with the authority to make rules appropriate
to the proper accomplishment of its function.
The proposed repeal implements the Human Resources Code, §61.034.
§91.99.Medical Admissions for Al Price State Juvenile Correctional Facility.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on February 2, 2005.
TRD-200500460
Dwight Harris
Executive Director
Texas Youth Commission
Earliest possible date of adoption: March 20, 2005
For further information, please call: (512) 424-6301
37 TAC §91.99
The Texas Youth Commission (the commission) proposes new §91.99,
Medical Admissions for Al Price State Juvenile Correctional Facility. The
new section will provide a greater consistency and clarity as to the medical
admission of youth at Al Price State Juvenile Correctional Facility (APSJCF)
Medical Recovery Dorm (MRD). The MRD is a male only dorm for youth who have
chronic illnesses requiring frequent monitoring by medical staff or youth
with acute conditions that require frequent care. Youth may be referred to
the MRD from the commission's operated institutions or high restriction contract
care programs. The new section also provides criteria and procedures as to
when a youth is placed in the MRD for medical reasons.
Robin McKeever, Assistant Deputy Executive Director for Financial Support,
has determined that for the first five-year period the section is in effect
there will be no fiscal implications for state or local government as a result
of enforcing or administering the section.
Neil Nichols, General Counsel, has determined that for each year of the
first five years the section is in effect the public benefit anticipated as
a result of enforcing the section will allow for accurate and clear procedures
for medical admission to the MRD program at Al Price State Juvenile Correctional
Facility. There will be no effect on small businesses. There is no anticipated
economic cost to persons who are required to comply with the section as proposed.
No private real property rights are affected by adoption of this rule.
Comments on the proposal may be submitted within 30 days of the publication
of this notice to DeAnna Lloyd, Chief of Policy Administration, Texas Youth
Commission, 4900 North Lamar, P.O. Box 4260, Austin, Texas 78765, or e-mail
to deanna.lloyd@tyc.state.tx.us.
The new section is proposed under the Human Resources Code, §61.076,
which provides the commission with the authority to provide any medical treatment
that is necessary for Texas Youth Commission youth.
The proposed section implements the Human Resources Code, §61.034.
§91.99.Medical Admissions for Al Price State Juvenile Correctional Facility.
(a)
Purpose. The purpose of this rule is to establish criteria
and procedures for medical admission of youth to the Al Price State Juvenile
Correctional Facility (APSJCF) Medical Recovery Dorm (MRD). The MRD is a male
only dorm for Texas Youth Commission (TYC) youth who have chronic illnesses
requiring frequent monitoring by medical staff or youth with acute conditions
that require frequent care. Youth may be referred to the MRD from TYC-operated
institutions or high restriction contract care programs.
(b)
Applicability. When a youth is placed in the MRD for medical
reasons, this policy must be read in conjunction with:
(1)
§91.81 of this title (relating to Medical Consent).
(2)
§91.83 of this title (relating to Criteria for Health
Care).
(3)
§91.85 of this title (relating to Medical Care).
(4)
§91.92 of this title (relating to Psychotropic Medication-Related
Emergencies).
(5)
§87.1 of this title (relating to Case Planning).
(c)
Explanation of Terms Used.
(1)
Admission Review Team--is a team that reviews referrals
for medical admission to the MRD. At a minimum, the admission review team
consists of a program administrator (PA), facility nurse manager or designee,
primary service worker (PSW), juvenile corrections officer VI (JCO) and a
psychologist.
(2)
Phase Assessment Team (PAT)--is responsible for monitoring
and assessing a youth's progress through the Resocialization program. At a
minimum, the PAT consists of the PA or designee, PSW, JCO, facility nurse
manager or designee and designated education staff.
(d)
Admission Criteria. Youth from a residential setting or
Marlin Orientation and Assessment Unit (MOAU) may be eligible for placement
to the MRD for medical reasons according to the following criteria:
(1)
youth with a chronic condition who need more frequent health
counseling to manage their disease upon release, youth whose chronic condition
is uncontrolled, or youth whose condition requires frequent medical monitoring.
Examples of conditions include, but are not limited to, uncontrolled diabetes,
hepatitis B or C, sickle cell disease or multiple sclerosis; or
(2)
youth with acute conditions that require more frequent
care. Examples of conditions include, but are not limited to, severe fractures
or post-operative care. These youth would be considered to be in need of transitional
care; or
(3)
youth requiring frequent trips to University of Texas Medical
Branch (UTMB) for any reason. Examples include, but not limited to, extensive
diagnostic testing or chemotherapy.
(e)
Admission Process.
(1)
Youth may be referred from the MOAU or from another facility
or high restriction contract care program to the MRD. If referred from another
facility or high restriction contract care program, the action is considered
an administrative transfer under §85.45 of this title (relating to Movement
Without Program Completion). Youth may contest such a transfer by filing a
complaint under §93.31 of this title (relating to Complaints Resolution
System).
(A)
A referral packet is completed and forwarded with the appropriate
signature from the sending superintendent or the quality assurance administrator
to the MRD admissions review team at APSJCF.
(B)
The admission review team will review the referral packet
to determine if the MRD placement is appropriate for the youth.
(2)
Emergency Referrals. If an emergency exists, the sending
superintendent or the quality assurance administrator may request of the APSJCF
superintendent immediate placement in the MRD.
(f)
General MRD Requirements.
(1)
The MRD focus will be on the coordination and provision
of health care services.
(2)
Health care services will be provided in the MRD, and the
APSJCF infirmary, whichever is most appropriate.
(3)
Parents or guardians of youth under the age of 18 will
be notified of all movements to or from the MRD, any significant change in
medical condition or if their child is on psychotropic medication. Youth 18
or older must give consent to disclose any of the information listed above
to parents or guardians.
(g)
MRD Requirements.
(1)
Individual Case Plan (ICP) reflecting treatment goals shall
be developed for and with each youth. Refer to §87.1 of this title.
(2)
The facility nurse manager or designee will provide updates
at the monthly PAT meeting regarding medical treatment goals and objectives.
The PSW will incorporate the medical treatment goals and objectives into the
youth's ICP.
(3)
The PAT shall conduct a review of the youth's progress
at least every 30 days in conjunction with the ICP review until the youth's
placement in the MRD has ended. The review must:
(A)
find that the admission criteria continue to be met;
(B)
find that the treatment needs are appropriate;
(C)
update the ICP to include reasons for continued stay in
the MRD.
(4)
Upon a determination by the PAT that the youth has met
program completion criteria, the youth will be released or transferred under
the appropriate rule:
(A)
§85.55 of this title (relating to Program Completion
for Other Than Sentenced Offenders).
(B)
§85.59 of this title (relating to Program Completion
for Sentenced Offenders Under Age 19).
(C)
§85.61 of this title (relating to Program Completion
for Sentenced Offenders Age 19 or Older).
(D)
§85.69 of this title (relating to Program Completion
for Sentenced Offenders Adjudicated for Capital Murder).
(E)
§85.41 of this title (relating to Maximum Length of
Stay for Other Than Type A Violent and Sentenced Offenders).
(h)
Release from the MRD.
(1)
Upon a determination by the youth's physician, that the
youth's medical condition is stable enough to be released, transitioned, or
transferred from the MRD, the PAT recommends to the APSJCF superintendent
the release, transition or administrative/TDCJ transfer of a youth from the
MRD. The facility's physician will be consulted when questions arise regarding
the release, transition or transfer. The TYC medical director may be consulted
before making final decisions regarding the release, transition or transfer
of youth from the MRD.
(2)
The admission review team may recommend the youth to remain
at the APSJCF.
(3)
The APSJCF superintendent must approve the release, transition,
or transfer of youth from the MRD.
(4)
If the youth has not completed the program completion criteria,
the youth will be returned to his/her originally assigned facility. This is
considered an administrative transfer as described in §85.45 of this
title, unless the original assignment was APSJCF. This movement is considered
a dorm change.
(5)
When a youth is released, transitioned, or administrative
transferred or transferred to TDCJ, the PSW will ensure that a summary of
pertinent medical information and required follow-up care is included in the
transition ICP in the special needs section.
(i)
Transportation.
(1)
The referring facility will make the transportation arrangements
to APSJCF for initial admission referrals.
(2)
When a youth is medically released and needs to be transported,
APSJCF will request transportation through statewide transportation. See §117.7
of this title (relating to Terminations/Discharges (Article VII, NAJCA)).
(3)
When required by a youth's condition, the APSJCF medical
van will be used to transport the youth to and from APSJCF.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on February 2, 2005.
TRD-200500461
Dwight Harris
Executive Director
Texas Youth Commission
Earliest possible date of adoption: March 20, 2005
For further information, please call: (512) 424-6301
Subchapter C. MISCELLANEOUS
Chapter 99.
GENERAL PROVISIONS