Bill Text: TX SB41 | 2011-2012 | 82nd Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the use of restraints in state supported living centers.
Spectrum: Bipartisan Bill
Status: (Passed) 2011-06-17 - Effective immediately [SB41 Detail]
Download: Texas-2011-SB41-Introduced.html
Bill Title: Relating to the use of restraints in state supported living centers.
Spectrum: Bipartisan Bill
Status: (Passed) 2011-06-17 - Effective immediately [SB41 Detail]
Download: Texas-2011-SB41-Introduced.html
82R1380 AJZ-D | ||
By: Zaffirini | S.B. No. 41 |
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relating to the use of restraints in state supported living | ||
centers. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 592, Health and Safety Code, is amended | ||
by adding Subchapter E to read as follows: | ||
SUBCHAPTER E. USE OF RESTRAINTS IN STATE SUPPORTED LIVING CENTERS | ||
Sec. 592.101. DEFINITION. In this subchapter, "executive | ||
commissioner" means the executive commissioner of the Health and | ||
Human Services Commission. | ||
Sec. 592.102. USE OF RESTRAINTS. (a) The executive | ||
commissioner shall adopt rules to ensure that: | ||
(1) a mechanical or physical restraint is not | ||
administered to a resident of a state supported living center | ||
unless the restraint is: | ||
(A) necessary to prevent imminent physical | ||
injury to the resident or another; and | ||
(B) the least restrictive restraint effective to | ||
prevent imminent physical injury; | ||
(2) the administration of a mechanical or physical | ||
restraint to a resident of a state supported living center ends | ||
immediately once the imminent risk of physical injury abates; and | ||
(3) a mechanical or physical restraint is not | ||
administered to a resident of a state supported living center as | ||
punishment or as part of a behavior plan. | ||
(b) The executive commissioner shall adopt rules to | ||
prohibit the use of prone and supine holds on a resident of a state | ||
supported living center except as transitional holds. | ||
Sec. 592.103. STANDING ORDERS FOR RESTRAINTS PROHIBITED. | ||
(a) A person may not issue a standing order to administer on an | ||
as-needed basis mechanical or physical restraints to a resident of | ||
a state supported living center. | ||
(b) A person may not administer mechanical or physical | ||
restraints to a resident of a state supported living center | ||
pursuant to a standing order to administer restraints on an | ||
as-needed basis. | ||
Sec. 592.104. STRAITJACKETS PROHIBITED. A person may not | ||
use a straitjacket to restrain a resident of a state supported | ||
living center. | ||
Sec. 592.105. DUTY TO REPORT. A state supported living | ||
center shall report to the executive commissioner each incident in | ||
which a physical or mechanical restraint is administered to a | ||
resident of a state supported living center. The report must | ||
contain information and be in the form required by rules of the | ||
executive commissioner. | ||
Sec. 592.106. CONFLICT WITH OTHER LAW. To the extent of a | ||
conflict between this subchapter and Chapter 322, this subchapter | ||
controls. | ||
SECTION 2. Not later than January 1, 2012, the executive | ||
commissioner of the Health and Human Services Commission shall | ||
adopt rules required under Sections 592.102 and 592.105, Health and | ||
Safety Code, as added by this Act. | ||
SECTION 3. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2011. |