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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of restraints in state schools. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 592, Health and Safety Code, is amended |
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by adding Subchapter E to read as follows: |
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SUBCHAPTER E. USE OF RESTRAINTS IN STATE SCHOOLS |
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Sec. 592.101. DEFINITION. In this subchapter, "executive |
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commissioner" means the executive commissioner of the Health and |
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Human Services Commission. |
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Sec. 592.102. USE OF RESTRAINTS. (a) The executive |
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commissioner shall adopt rules to ensure that: |
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(1) a mechanical or physical restraint is not |
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administered to a resident of a state school unless the restraint |
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is: |
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(A) necessary to prevent imminent physical |
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injury to the resident or another; and |
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(B) the least restrictive restraint effective to |
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prevent imminent physical injury; |
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(2) the administration of a mechanical or physical |
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restraint to a resident of a state school ends immediately once the |
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imminent risk of physical injury abates; and |
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(3) a mechanical or physical restraint is not |
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administered to a resident of a state school as punishment or as |
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part of a behavior plan. |
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(b) The executive commissioner shall adopt rules to |
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prohibit the use of prone and supine holds on a resident of a state |
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school except as transitional holds. |
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Sec. 592.103. STANDING ORDERS FOR RESTRAINTS PROHIBITED. |
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(a) A person may not issue a standing order to administer on an |
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as-needed basis mechanical or physical restraints to a resident of |
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a state school. |
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(b) A person may not administer mechanical or physical |
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restraints to a resident of a state school pursuant to a standing |
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order to administer restraints on an as-needed basis. |
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Sec. 592.104. STRAITJACKETS PROHIBITED. A person may not |
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use a straitjacket to restrain a resident of a state school. |
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Sec. 592.105. DUTY TO REPORT. A state school shall report |
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to the executive commissioner each incident in which a physical or |
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mechanical restraint is administered to a resident of a state |
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school. The report must contain information and be in the form |
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required by rules of the executive commissioner. |
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Sec. 592.106. CONFLICT WITH OTHER LAW. To the extent of a |
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conflict between this subchapter and Chapter 322, this subchapter |
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controls. |
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SECTION 2. Not later than January 1, 2010, the executive |
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commissioner of the Health and Human Services Commission shall |
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adopt rules required under Sections 592.102 and 592.105, Health and |
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Safety Code, as added by this Act. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |