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 §320.139 - Release of an Individual From Restraint or Seclusion

(a) Personal restraint. When a personal restraint has been initiated by a staff member, but the individual has not yet been evaluated by a physician, a physician's assistant, or a registered nurse, and the staff member determines that the individual's behavior has changed sufficiently to no longer require the personal restraint, the staff member must immediately release the individual from the restraint but shall remain with the individual until a physician, physician's assistant, or registered nurse has evaluated the individual for release based on a determination that the individual no longer requires the restraint or seclusion.(b) Mechanical restraint or seclusion. When a mechanical restraint or seclusion has been initiated, and the unsafe situation ends, a staff member shall contact a physician, a physician's assistant, or a registered nurse. The physician, physician's assistant, or registered nurse must evaluate the individual for release based on a determination as to whether the unsafe situation has resolved. A staff member must immediately release an individual whose behavior has been evaluated by a physician, physician's assistant, or registered nurse and determined to no longer require the restraint or seclusion.

Source Note: The provisions of this §320.139 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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