SECTION 749.1641. What is a protective device?  


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  • (a) A protective device:

    (1) Protects a person from involuntary self-injurious behavior or permits wounds to heal; and

    (2) Does not prohibit a person's mobility.

    (b) Examples of a protective device are helmets, elbow guards, mittens, and wheelchair seat belts.

    (c) If used appropriately, devices intended to encourage mobility or minimally restrain a young child for safety purposes, such as wheelchairs, car seats, high chairs, strollers, bed rails, and child leashes manufactured and sold specifically to harness a young child for safety purposes, are not protective devices.

Source Note: The provisions of this §749.1641 adopted to be effective January 1, 2007, 31 TexReg 7469; amended to be effective September 1, 2010, 35 TexReg 7522; transferred effective March 9, 2018, as published in the Texas Register February 16, 2018, 43 TexReg 909