26 Tex. Admin. Code § 320.109
Prohibited and Restricted Practices
Effective Jul 22, 201439 TexReg 5581Source Note: The provisions of this §320.109 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.Texas Secretary of State
(a) The following practices are prohibited:
(1) a personal or mechanical restraint shall not be used that:
- (A) obstructs the individual's airway, including a procedure that places anything in, on, or over the individual's mouth or nose;
- (B) impairs the individual's breathing, including applying pressure to the individual's torso or neck;
- (C) restricts circulation;
- (D) secures an individual to a stationary object while the individual is in a standing position;
- (E) causes pain to restrict an individual's movement (pressure points or joint locks); and
- (F) inhibits, reduces, or hinders the individual's ability to communicate; and
- (2) a chemical restraint.
- (b) A prone or supine hold shall not be used during a personal restraint. Should an individual become prone or supine during a restraint, then any staff member involved in administering the restraint shall immediately transition the individual to a side lying or other appropriate position.
(c) Neither restraint nor seclusion shall be used:
- (1) as a means of discipline, retaliation, punishment, or coercion;
- (2) for the purpose of convenience of staff members or other individuals; or
- (3) as a substitute for effective treatment or habilitation.
- (d) The use of seclusion is prohibited except in a behavioral emergency.
Source Note:The provisions of this §320.109 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.