Texas Senate Bill SB41

Texas 2011 - 82nd Regular

• Out of Senate Committee: 2/22/11
• Voted on by Senate: 3/17/11
• Out of House Committee: 4/29/11
• Voted on by House: 5/20/11
• Governor Action: 6/17/11
• Enrolled: 5/21/11
• Passed: 6/17/11

Caption

Relating to the use of restraints in state supported living centers.

Impact

This bill has significant implications for state laws governing the treatment of individuals in supportive living environments. By establishing strict guidelines on the use of restraints, it reinforces a commitment to promoting the well-being and autonomy of residents. The requirement for immediate cessation of restraints once the risk of injury abates also emphasizes the importance of protecting residents from unnecessary harm. Centers are also required to report any incidents involving restraints, ensuring increased transparency and accountability.

Summary

SB41 introduces regulations regarding the use of mechanical and physical restraints in state supported living centers in Texas. The bill mandates that restraints can only be utilized to prevent imminent physical injury to a resident or others and must be the least restrictive option available. Additionally, restraints may not be used as a form of punishment or as part of behavioral plans. The legislation aims to enhance the safety and dignity of residents by limiting the circumstances under which restraints can be applied.

Contention

Notable points of contention surrounding SB41 involve the balance between ensuring safety for residents and the potential risks associated with the limitation on restraint use. Advocates argue that the bill prioritizes resident rights and reduces the likelihood of abuse or misuse of restraints; however, some may express concerns that without appropriate behavioral management strategies, staff may face challenges in effectively preventing harm to themselves or residents in high-risk situations. Thus, the ongoing discourse will likely center on finding this equilibrium between protective measures and effective care practices.