(a) To conduct electronic monitoring, an individual or an individual's legally authorized representative (LAR) must request authorization to do so by using the Texas Health and Human Services Commission (HHSC) form. The form must be signed and dated by the person described in subsection (b) of this section and given to the director of the facility in which the individual resides.
(b) A request to conduct electronic monitoring in an individual's bedroom may be made:
  (1) only by an individual, if the individual's interdisciplinary team (IDT) determines that the individual has the capacity to request electronic monitoring in accordance with §965.6 of this chapter (relating to Capacity to Request or Consent to Electronic Monitoring) and the individual has not been judicially declared to lack the required capacity;
  (2) only by the guardian of an individual, if the individual has been judicially declared to lack the capacity required for taking an action such, as requesting electronic monitoring; or
  (3) only by an LAR, other than the guardian, of an individual if the individual's IDT determines that the individual does not have the capacity to request electronic monitoring in accordance with §965.6 of this chapter, but the individual has not been judicially declared to lack the required capacity.
(c) A facility may move an individual to a different bedroom to accommodate a request for electronic monitoring.
(d) A facility must maintain a completed and signed copy of the HHSC form in the individual's active record of the individual requesting authorization to conduct electronic monitoring.

Source Note: The provisions of this §965.4 adopted to be effective December 21, 2022, 47 TexReg 8275