Sec. 322.0515. AUTHORIZATION FOR USE OF WHEELCHAIR SELF-RELEASE SEAT BELT; EXCEPTION. (a) Except as provided by Subsection (b) and notwithstanding Section 322.051, a facility shall allow a resident to use a wheelchair self-release seat belt while the resident is in the resident's wheelchair if:
(1) the resident demonstrates the ability to release and fasten the seat belt without assistance;
(2) the use of the wheelchair self-release seat belt complies with the resident's plan of care; and
(3) the facility receives written authorization signed by the resident or the resident's legal guardian for the resident to use the wheelchair self-release seat belt.
(b) A facility that advertises as a restraint-free facility is not required to comply with Subsection (a) if the facility:
(1) provides to current and prospective residents a written disclosure stating the facility is restraint-free and is not required to comply with a request under Subsection (a); and
(2) makes all reasonable efforts to accommodate the concerns of a resident who requests a seat belt under Subsection (a).
Added by Acts 2017, 85th Leg., R.S., Ch. 1138 (H.B. 284), Sec. 1, eff. September 1, 2017.
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