Current through 2024 Regular Session legislation effective June 6, 2024
Section 339.288 - Prohibitions on use of certain restraints(1) The use of the following types of restraint on a student in a public education program is prohibited: (b) Mechanical restraint.(e) Any restraint that involves the intentional and nonincidental use of a solid object, including a wall or the floor, to impede a student's movement, unless the restraint is necessary to prevent an imminent life-threatening injury or to gain control of a weapon.(f) Any restraint that places, or creates a risk of placing, pressure on a student's neck or throat.(g) Any restraint that places, or creates a risk of placing, pressure on a student's mouth, unless the restraint is necessary for the purpose of extracting a body part from a bite.(h) Any restraint that impedes, or creates a risk of impeding, breathing.(i) Any restraint that involves the intentional placement of the hands, feet, elbow, knee or any object on a student's neck, throat, genitals or other intimate parts.(j) Any restraint that causes pressure to be placed, or creates a risk of causing pressure to be placed, on the stomach or back by a knee, foot or elbow bone.(k) Any action designed for the primary purpose of inflicting pain.(2) As used in this section: (a) "Chemical restraint" means a drug or medication that is used on a student to control behavior or restrict freedom of movement and that is not:(A) Prescribed by a licensed physician or other qualified health professional acting under the professional's scope of practice for standard treatment of the student's medical or psychiatric condition; and(B) Administered as prescribed by a licensed physician or other qualified health professional acting under the professional's scope of practice.(b)(A) "Mechanical restraint" means a device used to restrict the movement of a student or the movement or normal function of a portion of the body of a student.(B) "Mechanical restraint" does not include:(i) A protective or stabilizing device ordered by a licensed physician; or(ii) A vehicle safety restraint when used as intended during the transport of a student in a moving vehicle.(c) "Prone restraint" means a restraint in which a student is held face down on the floor.(d) "Supine restraint" means a restraint in which a student is held face up on the floor.Amended by 2019 Ch. 267,§ 2, eff. 7/1/2019.