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 §320.133 - Safe and Appropriate Techniques for Restraint or Seclusion

(a) A facility shall ensure that:(1) when personal restraint is used, staff members act to protect the individual's privacy as much as possible without compromising the safety of individuals or staff members during the episode;(2) if the individual does not calm and mechanical restraint is required, the individual is moved to a protected environment observable by other staff members and away from other individuals as soon as possible;(3) when a mechanical restraint is used, the individual has a protected environment that is observable by other staff members and is away from other individuals that safeguards the individual's personal dignity and well-being;(4) the individual is protected (e.g., from assault by others) while in restraint or seclusion; and(5) the facility uses a seclusion room, as defined in §415.253 of this title (relating to Definitions), for any individual placed in seclusion.(b) A facility shall develop and implement policies and procedures to ensure that it is in compliance with the requirements of this section.

Source Note: The provisions of this §320.133 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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