<<Prev Rule

Texas Administrative Code

Next Rule>>
TITLE 37PUBLIC SAFETY AND CORRECTIONS
PART 11TEXAS JUVENILE JUSTICE DEPARTMENT
CHAPTER 343SECURE JUVENILE PRE-ADJUDICATION DETENTION AND POST-ADJUDICATION CORRECTIONAL FACILITIES
SUBCHAPTER ERESTRAINTS
RULE §343.816Chemical Restraints

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 following criteria:

  (1) chemical restraints shall only be used in response to episodes of resident riot and only then when other forms of approved restraints are deemed to be inappropriate or ineffective;

  (2) the use of chemical restraints shall receive incident-specific authorization from the facility administrator. Standing orders authorizing chemical restraints are prohibited;

  (3) chemical restraints are restricted to professionally manufactured and commercially available defense sprays and vaporizing agents containing either Oleoresin Capsicum (i.e., OC pepper sprays) or Orthochlorobenzalmalonoitrile (i.e., tear gas);

  (4) chemical restraint deployment devices shall be stored in a locked area, and the issuance of these devices to juvenile supervision officers shall not commence until the facility administrator's authorization has been provided;

  (5) chemical restraints shall not be used on a resident when he or she is in a personal or mechanical restraint, or otherwise under control;

  (6) immediately following the use of a chemical restraint, the exposed resident shall be visually or physically examined by a health care professional and provided treatment if necessary; and

  (7) chemical agent compatible neutralizers or decontaminants shall be readily available for use on residents who have been exposed to chemical restraints.


Source Note: The provisions of this §343.816 adopted to be effective January 1, 2010, 34 TexReg 7095

Next Page Previous Page



Home TxReg TAC OM NewTac Public Footer Bar