1. (a) In addition to the requirements found in §§343.802, 343.804, and 343.806 of this chapter, the use of chemical restraints shall be governed by the criteria in this section.
2. (b) Chemical restraints may be used only if the juvenile board has approved such use.

3. (c) If the juvenile board has approved the use of a chemical restraint, the juvenile board shall develop policies that are compliant with this section and that specify:

   1. (1) the specific chemical restraint device that has been approved;
   2. (2) which staff are authorized to use the approved chemical restraint device;
   3. (3) which staff are authorized to routinely carry the approved chemical restraint device on their person;
   4. (4) the training curriculum required for staff to be authorized to use the approved chemical restraint device;
   5. (5) the procedures for controlling the chemical restraint devices, including procedures for staff to obtain and return the approved chemical restraint device, to include weighing the device at the time it is assigned and returned to storage as well as after each use; and
   6. (6) the procedures to be followed after the use of chemical restraints, to include decontamination procedures and post-incident review.
4. (d) Only approved chemical restraint devices, as defined by this subchapter, may be used.
5. (e) Chemical restraint devices must be stored in a locked area and must be carefully controlled at all times.

6. (f) Only staff with an active certification as a juvenile supervision officer who have been trained in the use of the facility's approved chemical restraint device are authorized to use it. The training curriculum must include a requirement that the juvenile supervision officer be sprayed with the chemical restraint device if:

   1. (1) the juvenile supervision officer is being trained in using the approved chemical restraint for the first time as an employee of the facility; and
   2. (2) exposure to OC is not medically contraindicated for the staff member.
7. (g) The only staff who may be authorized to routinely carry the approved chemical restraint device on-person are the facility administrator, assistant facility administrator, shift supervisor, detention supervisor, dorm supervisor, and security personnel.

8. (h) Except as provided in subsection (j) of this section, chemical restraints are authorized for use only when non-physical interventions or other physical interventions have failed or are not practical and it is reasonably believed necessary to:

   1. (1) quell a riot or major campus disruption;
   2. (2) resolve a hostage situation;
   3. (3) remove residents from behind a barricade in a riot or self-harm situation;
   4. (4) secure an object that is being used as a weapon and that is capable of causing serious bodily injury;
   5. (5) protect residents, staff, or others from imminent serious bodily injury; or
   6. (6) prevent escape.
9. (i) Any resident affected by the chemical restraint, regardless of whether the resident was directly sprayed, must be decontaminated with cool water as soon as the purpose of the restraint has been achieved. Immediately following decontamination, a health care professional must be contacted to examine and, if necessary, treat and monitor all residents and staff affected by the chemical restraint.
10. (j) Unless reasonably believed necessary to prevent loss of life or serious bodily injury, the authorized user of a chemical restraint must obtain authorization from the facility administrator prior to each use. Standing orders authorizing chemical restraints are prohibited.
11. (k) Unless reasonably believed necessary to prevent loss of life or serious bodily injury, chemical restraints are not authorized for use on a resident when a medical provider has diagnosed the resident with a chronic, serious respiratory problem or other serious health condition identified by or known to the facility (e.g., significant eye problems, known history of severe allergic reaction to OC, or serve dermatological problems).
12. (l) A facility that is authorized to use chemical restraints that accepts residents from other counties is required to ensure those counties are aware that the facility authorizes the use of chemical restraints.

Source Note:The provisions of this §343.816 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective April 1, 2026, 51 TexReg 1420.