SECTION 415.267. 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 §415.267 adopted to be effective July 22, 2014, 39 TexReg 5581