This is a clone of the Texas Administrative Code (TAC) for educational purposes. It is not the official version and should not be used for legal purposes. Site created Wed, 21 May 2025 21:16:45 GMT

TITLE 26 - HEALTH AND HUMAN SERVICES
PART 1 - HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 320 - RIGHTS OF INDIVIDUALS
SUBCHAPTER C - INTERVENTIONS IN MENTAL HEALTH SERVICES
SECTION/RULE §320.109 - Prohibited and Restricted Practices

(a) The following practices are prohibited:(1) a personal or mechanical restraint shall not be used that:(A) obstructs the individual's airway, including a procedure that places anything in, on, or over the individual's mouth or nose;(B) impairs the individual's breathing, including applying pressure to the individual's torso or neck;(C) restricts circulation;(D) secures an individual to a stationary object while the individual is in a standing position;(E) causes pain to restrict an individual's movement (pressure points or joint locks); and(F) inhibits, reduces, or hinders the individual's ability to communicate; and(2) a chemical restraint.(b) A prone or supine hold shall not be used during a personal restraint. Should an individual become prone or supine during a restraint, then any staff member involved in administering the restraint shall immediately transition the individual to a side lying or other appropriate position.(c) Neither restraint nor seclusion shall be used:(1) as a means of discipline, retaliation, punishment, or coercion;(2) for the purpose of convenience of staff members or other individuals; or(3) as a substitute for effective treatment or habilitation.(d) The use of seclusion is prohibited except in a behavioral emergency.

Source Note: The provisions of this §320.109 adopted to be effective July 22, 2014, 39 TexReg 5581; transferred effective December 13, 2024, as published in the November 15, 2024, issue of the Texas Register, 49 TexReg 9330.

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