Each facility shall develop and implement a written resident discipline plan that provides for the fair and consistent application of resident rules and sanctions. A resident discipline plan shall include:

1. (1) resident rule violations categorized into minor infractions and major violations, as well as the corresponding sanctions available to staff;
2. (2) provisions to ensure that rule infractions or resident behaviors that constitute probable cause for a class B misdemeanor offense or above shall be referred to the law enforcement agency with applicable jurisdiction for possible investigation and/or prosecution;

3. (3) a listing of prohibited sanctions for residents that includes:

   1. (A) corporal punishment;
   2. (B) humiliating punishment including verbal harassment of a sexual nature or that relates to a resident's sexual orientation or gender identity;
   3. (C) allowing or directing one resident to sanction another;
   4. (D) group punishment for the acts of individuals;
   5. (E) deprivation or modification of required meals and snacks;
   6. (F) deprivation of clean and appropriate clothing;
   7. (G) deprivation or intentional disruption of scheduled sleeping opportunities;
   8. (H) deprivation or intentional delay of medical and mental health services; and
   9. (I) physical exercises imposed for the purposes of compliance, intimidation, or discipline with the exception of practices allowed in §343.710 of this title;
4. (4) provisions requiring that a resident shall be provided written notice of the alleged major rule violation against him or her no more than 24 hours after the violation;
5. (5) provisions for an informal process for residents to resolve rule infractions and the corresponding sanctions, if the facility chooses to employ such a process. This shall include established guidelines that provide instruction for residents and staff in using this informal process to review and resolve resident concerns. In no case shall a resident be sanctioned or retaliated against for electing to forego the informal disciplinary review process when they are eligible for formal disciplinary reviews;
6. (6) provisions for disciplinary reviews for major rule violations, including established requirements for when to initiate formal disciplinary reviews and any ensuing appeals. The facility's policies and procedures shall not deny or restrict a formal disciplinary review or appeal when one is requested by a resident with eligible standing; and
7. (7) provisions for the administrative review and closure of formal disciplinary reviews that are not disposed of prior to a resident's discharge from the facility.

Source Note:The provisions of this §343.274 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.