Texas 2009 - 81st Regular

Texas Senate Bill SB751 Compare Versions

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Old	New	Differences
1	1	81R3463 GCB-D
2	2	By: Zaffirini S.B. No. 751
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the use of restraints in state schools.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Chapter 592, Health and Safety Code, is amended
10	10	by adding Subchapter E to read as follows:
11	11	SUBCHAPTER E. USE OF RESTRAINTS IN STATE SCHOOLS
12	12	Sec. 592.101. DEFINITION. In this subchapter, "executive
13	13	commissioner" means the executive commissioner of the Health and
14	14	Human Services Commission.
15	15	Sec. 592.102. USE OF RESTRAINTS. (a) The executive
16	16	commissioner shall adopt rules to ensure that:
17	17	(1) a mechanical or physical restraint is not
18	18	administered to a resident of a state school unless the restraint
19	19	is:
20	20	(A) necessary to prevent imminent physical
21	21	injury to the resident or another; and
22	22	(B) the least restrictive restraint effective to
23	23	prevent imminent physical injury;
24	24	(2) the administration of a mechanical or physical
25	25	restraint to a resident of a state school ends immediately once the
26	26	imminent risk of physical injury abates; and
27	27	(3) a mechanical or physical restraint is not
28	28	administered to a resident of a state school as punishment or as
29	29	part of a behavior plan.
30	30	(b) The executive commissioner shall adopt rules to
31	31	prohibit the use of prone and supine holds on a resident of a state
32	32	school except as transitional holds.
33	33	Sec. 592.103. STANDING ORDERS FOR RESTRAINTS PROHIBITED.
34	34	(a) A person may not issue a standing order to administer on an
35	35	as-needed basis mechanical or physical restraints to a resident of
36	36	a state school.
37	37	(b) A person may not administer mechanical or physical
38	38	restraints to a resident of a state school pursuant to a standing
39	39	order to administer restraints on an as-needed basis.
40	40	Sec. 592.104. STRAITJACKETS PROHIBITED. A person may not
41	41	use a straitjacket to restrain a resident of a state school.
42	42	Sec. 592.105. DUTY TO REPORT. A state school shall report
43	43	to the executive commissioner each incident in which a physical or
44	44	mechanical restraint is administered to a resident of a state
45	45	school. The report must contain information and be in the form
46	46	required by rules of the executive commissioner.
47	47	Sec. 592.106. CONFLICT WITH OTHER LAW. To the extent of a
48	48	conflict between this subchapter and Chapter 322, this subchapter
49	49	controls.
50	50	SECTION 2. Not later than January 1, 2010, the executive
51	51	commissioner of the Health and Human Services Commission shall
52	52	adopt rules required under Sections 592.102 and 592.105, Health and
53	53	Safety Code, as added by this Act.
54	54	SECTION 3. This Act takes effect immediately if it receives
55	55	a vote of two-thirds of all the members elected to each house, as
56	56	provided by Section 39, Article III, Texas Constitution. If this
57	57	Act does not receive the vote necessary for immediate effect, this
58	58	Act takes effect September 1, 2009.