CHAPTER 322. USE OF RESTRAINT AND SECLUSION IN CERTAIN HEALTH CARE FACILITIES
HEALTH AND SAFETY CODE
TITLE 4. HEALTH FACILITIES
SUBTITLE G. PROVISION OF SERVICES IN CERTAIN FACILITIES
CHAPTER 322. USE OF RESTRAINT AND SECLUSION IN CERTAIN
HEALTH CARE FACILITIES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 322.001. DEFINITIONS. In this chapter:
(1) "Facility" means:
(A) a child-care institution, as defined by Section 42.002,
Human Resources Code, including a state-operated facility, that
is a residential treatment center or a child-care institution
serving children with mental retardation;
(B) an intermediate care facility licensed by the Department of
Aging and Disability Services under Chapter 252 or operated by
that department and exempt under Section 252.003 from the
licensing requirements of that chapter;
(C) a mental hospital or mental health facility, as defined by
Section 571.003;
(D) an institution, as defined by Section 242.002;
(E) an assisted living facility, as defined by Section 247.002;
or
(F) a treatment facility, as defined by Section 464.001.
(2) "Health and human services agency" means an agency listed in
Section 531.001, Government Code.
(3) "Seclusion" means the involuntary separation of a resident
from other residents and the placement of the resident alone in
an area from which the resident is prevented from leaving.
Added by Acts 2005, 79th Leg., Ch.
698, Sec. 1, eff. September 1, 2005.
SUBCHAPTER B. RESTRAINTS AND SECLUSION
Sec. 322.051. CERTAIN RESTRAINTS PROHIBITED. (a) A person may
not administer to a resident of a facility a restraint that:
(1) obstructs the resident's airway, including a procedure that
places anything in, on, or over the resident's mouth or nose;
(2) impairs the resident's breathing by putting pressure on the
torso; or
(3) interferes with the resident's ability to communicate.
(b) A person may use a prone or supine hold on the resident of a
facility only if the person:
(1) limits the hold to no longer than the period specified by
rules adopted under Section 322.052;
(2) uses the hold only as a last resort when other less
restrictive interventions have proven to be ineffective; and
(3) uses the hold only when an observer, who is trained to
identify the risks associated with positional, compression, or
restraint asphyxiation and with prone and supine holds and who is
not involved in the restraint, is ensuring the resident's
breathing is not impaired.
(c) Small residential facilities and small residential service
providers are exempt from Subsection (b)(3).
Added by Acts 2005, 79th Leg., Ch.
698, Sec. 1, eff. September 1, 2005.
Sec. 322.052. ADOPTION OF RESTRAINT AND SECLUSION PROCEDURES.
(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.
Sec. 322.053. NOTIFICATION. The executive commissioner of the
Health and Human Services Commission by rule shall ensure that
each resident at a facility regulated by a health and human
services agency and the resident's legally authorized
representative are notified of the rules and policies related to
restraints and seclusion.
Added by Acts 2005, 79th Leg., Ch.
698, Sec. 1, eff. September 1, 2005.
Sec. 322.054. RETALIATION PROHIBITED. (a) A facility may not
discharge or otherwise retaliate against:
(1) an employee, client, resident, or other person because the
employee, client, resident, or other person files a complaint,
presents a grievance, or otherwise provides in good faith
information relating to the misuse of restraint or seclusion at
the facility; or
(2) a client or resident of the facility because someone on
behalf of the client or resident files a complaint, presents a
grievance, or otherwise provides in good faith information
relating to the misuse of restraint or seclusion at the facility.
(b) A health and human services agency that registers or
otherwise licenses or certifies a facility may:
(1) revoke, suspend, or refuse to renew the license,
registration, or certification of a facility that violates
Subsection (a); or
(2) place on probation a facility that violates Subsection (a).
(c) A health and human services agency that regulates a facility
and that is authorized to impose an administrative penalty
against the facility under other law may impose an administrative
penalty against the facility for violating Subsection (a). Each
day a violation continues or occurs is a separate violation for
purposes of imposing a penalty. The amount of the penalty may
not exceed the maximum amount that the agency may impose against
the facility under the other law. The agency must follow the
procedures it would follow in imposing an administrative penalty
against the facility under the other law.
(d) A facility may contest and appeal the imposition of an
administrative penalty under Subsection (c) by following the same
procedures the facility would follow in contesting or appealing
an administrative penalty imposed against the facility by the
agency under the other law.
Added by Acts 2005, 79th Leg., Ch.
698, Sec. 1, eff. September 1, 2005.
Sec. 322.055. MEDICAID WAIVER PROGRAM. A Medicaid waiver
program provider, when providing supervised living or residential
support, shall comply with this chapter and rules adopted under
this chapter.
Added by Acts 2005, 79th Leg., Ch.
698, Sec. 1, eff. September 1, 2005.