Abuse, neglect, and exploitation do not include the following:
  (1) the proper use of restraints and seclusion, including Prevention and Management of Aggressive Behavior (PMAB), and the approved application of behavior modification techniques as described in:
    (A) 25 TAC Chapter 415, Subchapter F (relating to Interventions in Mental Health Programs);
    (B) 25 TAC Chapter 404, Subchapter E (relating to Rights of Persons Receiving Mental Health Services);
    (C) 40 TAC Chapter 3, Subchapter F (relating to Restraints);
    (D) 40 TAC Chapter 90, Subchapter C (relating to Standards for Licensure);
    (E) 40 TAC Chapter 2, Subchapter G (relating to Role and Responsibilities of a Local Authority);
    (F) 40 TAC Chapter 9, Subchapter D (relating to Home and Community-based Services (HCS) Program and Community First Choice (CFC));
    (G) 40 TAC Chapter 9, Subchapter N (relating to Texas Home Living (TxHmL) Program and Community First Choice (CFC));
    (H) 40 TAC Chapter 97, Subchapter H (Standards Specific to Agencies Licensed to Provide Hospice Services);
    (I) 40 TAC Chapter 42, Subchapter D (relating to Additional Program Provider Provisions);
    (J) 1 TAC Chapter 353, Subchapter C (Member Bill of Rights); and
    (K) 40 TAC Chapter 45, Subchapter H (relating to Additional DSA Requirements).
  (2) actions taken in accordance with the rules of DADS, DSHS, or HHSC; or
  (3) actions that a direct provider may reasonably believe to be immediately necessary to avoid imminent harm to self, individuals receiving services, or other individuals provided the actions are limited only to those actions reasonably believed to be necessary under the existing circumstances.

Source Note: The provisions of this §711.23 adopted to be effective May 1, 2001, 26 TexReg 2755; amended to be effective March 1, 2008, 33 TexReg 1360; amended to be effective June 1, 2010, 35 TexReg 4180; amended to be effective June 1, 2014, 39 TexReg 3878; amended to be effective September 1, 2016, 41 TexReg 6218; amended to be effective November 5, 2017, 42 TexReg 6187; transferred effective June 15, 2019, as published in the Texas Register May 24, 2019, 44 TexReg 2617