(a) An employee of the office, a person who contracts with the office, or an employee of that contractor may use mechanical or chemical restraints on a committed person residing in a civil commitment center or while transporting a committed person who resides in a civil commitment center. Mechanical and chemical restraints may be utilized in the following circumstances:
(1) The use of mechanical or chemical restraints is a last resort;
(2) The use of mechanical or chemical restraints is necessary to stop or prevent:
(A) imminent physical injury to the committed person or another;
(B) threatening behavior by the committed person while the person is using or exhibiting a weapon;
(C) a disturbance by a group of committed persons;
(D) or an absconsion from the civil commitment center; and
(3) The mechanical or chemical restraint utilized is the least restrictive restraint necessary and used for the minimum duration necessary.
(b) An employee of the office, a person who contracts with the office, or an employee of the office is only authorized to use mechanical or chemical restraints if the individual completes a training program approved by the office which includes instruction regarding approved restraint techniques, de-escalation practices, and demonstrates competency in the use of restraint techniques and devices.
(c) The office shall maintain records regarding each use of mechanical or chemical restraints.
Source Note: The provisions of this §810.155 adopted to be effective February 28, 2018, 43 TexReg 1141