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§ 339.288 — Oregon Law | CourtGPT
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Oregon Legal Code

§ 339.288

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(1) The use of the following types of restraint on a student in a public education program is prohibited:\n(a) Chemical restraint.\n(b) Mechanical restraint.\n(c) Prone restraint.\n(d) Supine restraint.\n(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.\n(f) Any restraint that places, or creates a risk of placing, pressure on a student’s neck or throat.\n(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.\n(h) Any restraint that impedes, or creates a risk of impeding, breathing.\n(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.\n(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.\n(k) Any action designed for the primary

(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.\n(k) Any action designed for the primary purpose of inflicting pain.\n(2) As used in this section:\n(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:\n(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\n(B) Administered as prescribed by a licensed physician or other qualified health professional acting under the professional’s scope of practice.\n(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.\n(B) 'Mechanical restraint' does not include:\n(i) A protective or stabilizing device ordered by a licensed physician; or\n(ii) A vehicle safety restraint when used as intended during the transport of a student in a moving vehicle.\n(c) 'Prone restraint' means a restraint in

ng device ordered by a licensed physician; or\n(ii) A vehicle safety restraint when used as intended during the transport of a student in a moving vehicle.\n(c) 'Prone restraint' means a restraint in which a student is held face down on the floor.\n(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]