SECTION 355.804. Restraint Prohibitions  


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  • Restraints that employ a technique listed in this section are prohibited:

    (1) restraints used for punishment, discipline, retaliation, harassment, compliance, intimidation, or as a substitute for an appropriate disciplinary separation;

    (2) restraints that deprive the resident of basic human necessities, including restroom opportunities, water, food, and clothing;

    (3) restraints that are intended to inflict pain;

    (4) restraints that place a resident in a prone or supine position with sustained or excessive pressure on the back, chest, or torso;

    (5) restraints that place a resident in a prone or supine position with pressure on the neck or head;

    (6) restraints that obstruct the resident's airway, including a procedure that places anything in, on, or over the resident's mouth or nose or around the resident's neck;

    (7) restraints that interfere with the resident's ability to communicate;

    (8) restraints that obstruct the view of the resident's face;

    (9) any technique that does not require the monitoring of the resident's respiration and other signs of physical distress during the restraint;

    (10) percussive or electrical shocking devices;

    (11) chemical restraints;

    (12) mechanical restraints that secure a resident to any part of a vehicle or to another resident; or

    (13) non-ambulatory restraints.

Source Note: The provisions of this §355.804 adopted to be effective November 15, 2013, 38 TexReg 7973; amended to be effective February 1, 2018, 42 TexReg 5701