81R3463 GCB-D
By: Zaffirini S.B. No. 751
A BILL TO BE ENTITLED
AN ACT
relating to the use of restraints in state schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 592, Health and Safety Code, is amended
by adding Subchapter E to read as follows:
SUBCHAPTER E. USE OF RESTRAINTS IN STATE SCHOOLS
Sec. 592.101. DEFINITION. In this subchapter, "executive
commissioner" means the executive commissioner of the Health and
Human Services Commission.
Sec. 592.102. USE OF RESTRAINTS. (a) The executive
commissioner shall adopt rules to ensure that:
(1) a mechanical or physical restraint is not
administered to a resident of a state school unless the restraint
is:
(A) necessary to prevent imminent physical
injury to the resident or another; and
(B) the least restrictive restraint effective to
prevent imminent physical injury;
(2) the administration of a mechanical or physical
restraint to a resident of a state school ends immediately once the
imminent risk of physical injury abates; and
(3) a mechanical or physical restraint is not
administered to a resident of a state school as punishment or as
part of a behavior plan.
(b) The executive commissioner shall adopt rules to
prohibit the use of prone and supine holds on a resident of a state
school except as transitional holds.
Sec. 592.103. STANDING ORDERS FOR RESTRAINTS PROHIBITED.
(a) A person may not issue a standing order to administer on an
as-needed basis mechanical or physical restraints to a resident of
a state school.
(b) A person may not administer mechanical or physical
restraints to a resident of a state school pursuant to a standing
order to administer restraints on an as-needed basis.
Sec. 592.104. STRAITJACKETS PROHIBITED. A person may not
use a straitjacket to restrain a resident of a state school.
Sec. 592.105. DUTY TO REPORT. A state school shall report
to the executive commissioner each incident in which a physical or
mechanical restraint is administered to a resident of a state
school. The report must contain information and be in the form
required by rules of the executive commissioner.
Sec. 592.106. CONFLICT WITH OTHER LAW. To the extent of a
conflict between this subchapter and Chapter 322, this subchapter
controls.
SECTION 2. Not later than January 1, 2010, the executive
commissioner of the Health and Human Services Commission shall
adopt rules required under Sections 592.102 and 592.105, Health and
Safety Code, as added by this Act.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.