ORS 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:(a)
Chemical restraint.(b)
Mechanical restraint.(c)
Prone restraint.(d)
Supine 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)
Intentionally left blank —Ed.(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. [2011 c.665 §2; 2019 c.267 §2]
Source:
Section 339.288 — Prohibitions on use of certain restraints, https://www.oregonlegislature.gov/bills_laws/ors/ors339.html.
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