TITLE X
PUBLIC HEALTH

CHAPTER 126-U
LIMITING THE USE OF CHILD RESTRAINT PRACTICES IN SCHOOLS AND TREATMENT FACILITIES

Section 126-U:4

    126-U:4 Prohibition of Dangerous Restraint Techniques. –
No school or facility shall use or threaten to use any of the following restraint and behavior control techniques:
I. Prone restraint, or any other physical restraint or containment technique that:
(a) Obstructs a child's respiratory airway or impairs the child's breathing or respiratory capacity or restricts the movement required for normal breathing;
(b) Places pressure or weight on, or causes the compression of, the chest, lungs, sternum, diaphragm, back, or abdomen of a child;
(c) Obstructs the circulation of blood;
(d) Involves pushing on or into the child's mouth, nose, eyes, or any part of the face or involves covering the face or body with anything, including soft objects such as pillows, blankets, or washcloths; or
(e) Endangers a child's life or significantly exacerbates a child's medical condition.
II. The intentional infliction of pain, including the use of pain inducement to obtain compliance.
III. The intentional release of noxious, toxic, caustic, or otherwise unpleasant substances near a child for the purpose of controlling or modifying the behavior of or punishing the child.
IV. Any technique that unnecessarily subjects the child to ridicule, humiliation, or emotional trauma.
V. Other forms of physical and medical restraint shall be administered in such a way so as to prevent or minimize physical harm. During the administration of restraint, the physical status of the child, including skin temperature, color, and respiration, shall be continuously monitored. The child shall be released from restraint immediately if they demonstrate signs of one or more of the following: difficulty breathing; choking; vomiting; bleeding; fainting; unconsciousness; discoloration; swelling at points of restraint; cold extremities, or similar manifestations.

Source. 2010, 375:2, eff. Sept. 1, 2010. 2023, 153:3, 4, eff. Sept. 26, 2023.