Sec. 322.052. ADOPTION OF RESTRAINT AND SECLUSION PROCEDURES  


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  • (a) For each health and human services agency that regulates the care or treatment of a resident at a facility, the executive commissioner of the Health and Human Services Commission shall adopt rules to:

    (1) define acceptable restraint holds that minimize the risk of harm to a facility resident in accordance with this subchapter;

    (2) govern the use of seclusion of facility residents; and

    (3) develop practices to decrease the frequency of the use of restraint and seclusion.

    (b) The rules must permit prone and supine holds only as transitional holds for use on a resident of a facility.

    (c) A facility may adopt procedures for the facility's use of restraint and seclusion on a resident that regulate, more restrictively than is required by a rule of the regulating health and human services agency, the use of restraint and seclusion.

Added by Acts 2005, 79th Leg., Ch. 698 , Sec. 1, eff. September 1, 2005.