1. (a) When supervision under this chapter is performed through an architectural barrier (e.g., door, window), staff must have the ability to clearly see the resident without having to remove or relocate anything that might be on, covering, or blocking the observation window, regardless of how frequently visual observation recordings are required.
2. (b) Facility policy must prohibit staff and residents from using any covering that prevents staff's ability to clearly see the resident without having to remove or relocate anything that might be on, covering, or blocking the observation window. Facility policy must address the actions to be taken if the prohibition is violated.
3. (c) The refusal by staff or a resident to remove an item that prevents staff's ability to clearly see the resident is considered a serious threat to facility safety and/or security.
4. (d) Nothing in this section requires continuous, uninterrupted visual supervision or constant visual supervision in instances in which such supervision is not required by another section.

Source Note:The provisions of this §343.261 adopted to be effective May 1, 2025, 50 TexReg 2481.