ORS 339.288 Prohibitions on use of certain restraints

The use of the following types of restraint on a student in a public education program is prohibited:

Chemical restraint.

Mechanical restraint.

Prone restraint.

Supine restraint.

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.

Any restraint that places, or creates a risk of placing, pressure on a student’s neck or throat.

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.

Any restraint that impedes, or creates a risk of impeding, breathing.

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.

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.

Any action designed for the primary purpose of inflicting pain.

As used in this section:

“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:

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

Administered as prescribed by a licensed physician or other qualified health professional acting under the professional’s scope of practice.

“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.

“Mechanical restraint” does not include:

A protective or stabilizing device ordered by a licensed physician; or

A vehicle safety restraint when used as intended during the transport of a student in a moving vehicle.

“Prone restraint” means a restraint in which a student is held face down on the floor.

“Supine restraint” means a restraint in which a student is held face up on the floor.