By: Zaffirini S.B. No. 41
A BILL TO BE ENTITLED
AN ACT
relating to the use of restraints in state supported living
centers.
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 SUPPORTED LIVING CENTERS
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 supported living center
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 supported living center 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 supported living center 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
supported living center 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 supported living center.
(b) A person may not administer mechanical or physical
restraints to a resident of a state supported living center
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 supported
living center.
Sec. 592.105. DUTY TO REPORT. A state supported living
center shall report to the executive commissioner each incident in
which a physical or mechanical restraint is administered to a
resident of a state supported living center. 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, 2012, 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, 2011.