(D) Only staff who have been trained by TJJD in the
use of OC spray are authorized to use it. TJJD's OC spray training
curriculum must include a requirement that each staff member be sprayed
with OC if:
(i) the staff member is receiving his/her first OC
spray training as a TJJD employee; and
(ii) exposure to OC is not medically contraindicated.
(2) Criteria for Use.
(A) Except as provided in subparagraph (B) of this
paragraph, OC spray is authorized for use only when non-physical interventions
and other physical interventions have failed or are not practical,
and it is reasonably believed necessary to:
(i) quell a riot or major campus disruption;
(ii) resolve a hostage situation;
(iii) remove youth from behind a barricade in a riot
or self-harm situation;
(iv) secure an object that is being used as a weapon
and that is capable of causing serious bodily injury;
(v) protect youth, staff, or others from imminent serious
bodily injury; or
(vi) prevent escape.
(B) Unless reasonably believed necessary to prevent
loss of life or serious bodily injury, OC spray is not authorized
for use on a youth when a medical provider has diagnosed the youth
with a chronic, serious respiratory problem or other serious health
condition identified by TJJD (e.g., significant eye problems, known
history of severe allergic reaction to OC, or severe dermatological
problems).
(3) Guidelines for Use.
(A) OC spray canisters must be carefully controlled
at all times.
(B) Any youth affected by OC spray must be decontaminated
with cool water as soon as the purpose of the restraint has been achieved.
(C) Immediately following decontamination from OC spray,
medical staff must be contacted to examine and, if necessary, treat
and monitor all youth and staff affected by OC spray.
(D) Each individually assigned canister of OC must
be weighed at the time it is assigned and after each use.
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Source Note: The provisions of this §380.9723 adopted to be effective September 1, 2009, 34 TexReg 5568; amended to be effective November 1, 2011, 36 TexReg 7356; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective April 1, 2014, 39 TexReg 2141; amended to be effective February 15, 2016, 41 TexReg 972 |