PART 3. TEXAS YOUTH COMMISSION
CHAPTER 85. ADMISSION, PLACEMENT, RELEASE, AND DISCHARGE
SUBCHAPTER B. PLACEMENT PLANNING
37 TAC §85.24
The Texas Youth Commission (TYC) adopts new §85.24,
concerning Assessment for Safe Housing Placement, without changes
to the proposed text as published in the May 15, 2009, issue of the
Texas Register (34 TexReg 2888).
The justification for the new rule is to provide for youth and
staff safety through the operation of an evidence-based system of
assigning youth to appropriate housing placements.
The new rule will establish a system for ensuring that youth are
assessed and assigned to the safest possible housing assignment within
the youth's current placement. Evidence-based criminogenic factors,
physical stature, likelihood of sexual vulnerability or aggression,
medical needs, suicide risk, and other individual factors are assessed
upon initial admission and periodically throughout a youth's stay
in residential facilities. Housing assignments will be made and changed
based on the results of these assessments.
No comments were received regarding adoption of the new rule.
The new rule is adopted under Human Resources Code §61.061,
which requires the TYC to adopt scheduling, housing, and placement
procedures for the purpose of protecting vulnerable children, and
prohibits TYC from assigning a child younger than 15 years of age
to the same correctional facility dormitory as a person who is at
least 17 years of age unless TYC determines that the placement is
necessary to ensure the safety of children.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the
agency's legal authority.
Filed with the Office of the Secretary of State on July 9, 2009.
TRD-200902819
Cheryln K. Townsend
Executive Commissioner
Texas Youth Commission
Effective date: August 1, 2009
Proposal publication date: May 15, 2009
For further information, please call: (512) 424-6014
SUBCHAPTER D. HEALTH CARE SERVICES
The Texas Youth Commission (TYC) adopts new §§91.75,
91.81, and 91.83, the repeal of §§91.81, 91.83, and 91.85,
and amendments to §§91.86, 91.92, and 91.94 of this title.
New §§91.75, 91.81 and 91.83, repealed §§91.81,
91.83, and 91.85, and amended §91.86 and §91.92 are adopted
without changes to the proposed text as published in the May 22, 2009,
issue of the Texas Register (34 TexReg 3246).
Amended §91.94 is adopted with changes to the proposed text
as published in the May 22, 2009, issue of the Texas
Register (34 TexReg 3249). Changes to the proposed text are
outlined below, as described in TYC's responses to public comments
received.
The justification for the new, amended, and repealed rules is the
availability of accurate and current policy information regarding
healthcare services provided by TYC.
New §91.75 (relating to definitions) consolidates definitions
used throughout the subchapter into one rule.
New §91.81 (relating to medical consent) establishes standards
whereby TYC exercises its authority to consent to particular medical
services for youth in TYC jurisdiction.
New §91.83 (relating to health services for youth) consolidates
information previously contained in other rules and establishes criteria
for providing care, the scope of available healthcare services, and
standards for the delivery of healthcare services to youth.
The repeal of §§91.81, 91.83, and 91.85 allows for the
publication of new §91.81 and §91.83.
Amended §91.86 (relating to infirmary admission and discharge)
provides clarification regarding the level of authorization needed
to admit or discharge a youth from the infirmary for period of longer
than 24 hours, and establishes that an associate psychologist may
conduct the required daily evaluation for a youth admitted to the
infirmary in a psychiatric emergency when a Ph.D. level psychologist
is unavailable.
Amended §91.92 (relating to emergency administration of psychotropic
medication) adds that commitment to a state hospital will be initiated
if continued involuntary administration of psychotropic medication
is necessary, and requires TYC staff to notify the youth's parents/guardian
any time a psychotropic medication is administered against a youth's
will.
Amended §91.94 (relating to automated external defibrillators)
requires each facility to designate certain first responder staff
who will be required to participate in hands-on training in the use
of automated external defibrillators.
Comments concerning §91.94 were received from MEDIC FIRST
AID International and American Safety and Health Institute. The comments
are summarized below, along with TYC's response.
Comment: As currently worded, the regulation would limit the training
options for TYC staff to courses provided by the American Red Cross.
The phrase "or an equivalent nationally recognized organization" should
be added to the proposed text to provide more training options and
avoid restraint of trade issues.
Response: TYC agrees with the recommendation. Subsection (g)(1)
has been amended to include the suggested wording.
37 TAC §§91.75, 91.81, 91.83, 91.86, 91.92, 91.94
The amended and new sections are adopted under the
Human Resources Code, §61.076, which provides TYC with the authority
to provide any necessary medical or psychiatric treatment to youth
committed to its care, as well as Family Code §32.001, which
provides TYC with the authority to consent to the medical, dental,
psychological, and surgical treatment of a child committed to it when
the person having the right to consent has been contacted and that
person has not given actual notice to the contrary.
§91.94.Automated External Defibrillators.
(a) Purpose. The purpose of this policy is to establish
procedures and guidelines for the operation, storage, maintenance,
and training requirements associated with the use of Automated External
Defibrillators (AEDs).
(b) Applicability. This rule applies to employees at
TYC-operated facilities, designated district offices, and the Central
Office/Annex.
(c) Definitions. Definitions pertaining to this rule
are under §91.75 of this title.
(d) General Provisions.
(1) The TYC medical director authorizes the acquisition
of AEDs for placement at all TYC-operated facilities, designated district
offices, and the Central Office/Annex.
(2) Upon acquiring an AED, the chief local administrator
or designee shall notify the local emergency medical services (EMS)
provider of the existence, location, and type of AED.
(e) Cardiac Chain of Survival. Cardiac chain of survival
is the current treatment for sudden cardiac arrest that includes the
following four steps:
(1) Call 911 or facility gatehouse/control center and
include notification that an AED will be used;
(2) begin Cardiopulmonary Resuscitation (CPR);
(3) provide early defibrillation; and
(4) provide Advanced Cardiac Life Support (to be performed by EMS).
(f) Restrictions for Use.
(1) The AED is to be used only if the person is unresponsive
and has no pulse.
(2) The AED is to be used only on persons over the
age of eight years old.
(3) The AED will provide voice prompts giving further
instructions if it cannot read the cardiac rhythm due to improper
electrode placement, motion of the person, low battery, or electromagnetic
interference, etc.
(4) The AED voice prompt will not instruct the user
to shock the person if the person's cardiac rhythm does not warrant
a shock or if the person's cardiac rhythm suddenly changes and shock
is no longer indicated.
(5) The AED voice prompts will not advise the user
to shock the person if the person is experiencing a myocardial infarction.
(g) AED Training.
(1) A qualified CPR/First Aid/AED TYC trainer or a
qualified contracted trainer will provide American Red Cross (or an
equivalent nationally recognized organization) CPR/First Aid training
and instruction in the use of an AED to all TYC sole supervision staff
annually. The facility administrator will designate staff to receive
additional hands-on training on the use of AED.
(2) All TYC staff are required to watch the AED training
video annually. Training will include the location of the AED and
be documented and maintained by the local training officer.
(3) The AED training program is approved by the TYC
medical director and the Texas Department of State Health Services
in accordance with the Health and Safety Code, Chapter 779.
(h) General Requirements.
(1) The AED shall be readily accessible to staff, but
at no time shall an AED be accessible to TYC youth.
(2) Each TYC-operated facility that houses youth, designated
TYC district offices, and the Central Office/Annex will have an AED
on-site.
(3) The AED should be stored in a protective case at
all times. The storage area should be free from water, dirt, extreme
cold (less than 32 degrees F), and extreme heat (over 100 degrees F).
(4) The following equipment should be stored with each AED:
(A) carrying case;
(B) scissors;
(C) defibrillation pads (2 sets; each facility/district
office will keep on hand an additional set of AED replacement pads);
(D) razor;
(E) towel;
(F) pocket mask; and
(G) latex disposable gloves.
This agency hereby certifies that the adoption
has been reviewed by legal counsel and found to be a valid exercise
of the agency's legal authority.
Filed with the Office of the Secretary of State on July 9, 2009.
TRD-200902826
Cheryln K. Townsend
Executive Commissioner
Texas Youth Commission
Effective date: August 1, 2009
Proposal publication date: May 22, 2009
For further information, please call: (512) 424-6014
37 TAC §§91.81, 91.83, 91.85
The repealed sections are adopted under the Human
Resources Code, §61.034, which provides TYC with the authority
to adopt rules appropriate to the proper accomplishment of its functions.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the
agency's legal authority.
Filed with the Office of the Secretary of State on July 9, 2009.
TRD-200902825
Cheryln K. Townsend
Executive Commissioner
Texas Youth Commission
Effective date: August 1, 2009
Proposal publication date: May 22, 2009
For further information, please call: (512) 424-6014
The Texas Youth Commission (TYC) adopts the repeal of §93.33,
concerning Alleged Abuse, Neglect, and Exploitation, and new §93.33,
concerning Alleged Abuse, Neglect, and Exploitation. The repealed
rule and new rule are adopted without changes to the proposed text
as published in the May 15, 2009, issue of the Texas
Register (34 TexReg 2912).
The justification for the repealed rule is to allow for a new rule
to be published in its place. The justification for the new rule is
the availability of current information concerning TYC’s investigative
operations, and compliance with state law.
The new rule will clarify that the standards for investigations
described in the rule apply only to administrative investigations
of abuse, neglect, or exploitation conducted under the Family Code,
Chapter 261, not to criminal investigations conducted under Human
Resources Code §61.0451. The new rule will also establish that
every allegation of abuse is screened by OIG staff to determine whether
a criminal investigation is warranted.
The new rule will also revise the provisions regarding the release
of reports of alleged abuse, neglect, or exploitation to the public.
In compliance with changes to Family Code §261.201, the rule
will establish that TYC will release reports of alleged abuse or neglect
when it is not prohibited from doing so by Government Code Chapter
552 or other law. The new rule also establishes standards for redaction
of information when reports of abuse or neglect are publicly disclosed.
No comments were received regarding adoption of the new rule.
CHAPTER 91. PROGRAM SERVICES
CHAPTER 93. YOUTH RIGHTS AND REMEDIES