California Code of Regulations
Title 22 - Social Security
Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies
Chapter 3 - Skilled Nursing Facilities
Article 4 - Optional Services
Section 72461 - Special Treatment Program Service Unit-Orders for Restraint and Seclusion
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Restraint and seclusion shall only be used on the signed order of a licensed health care practitioner acting within the scope of his or her professional licensure and shall be renewed every 24 hours. In a documented case of emergency, which threatens to bring immediate injury to the patient or others, a restraint may be applied, and a licensed health care practitioner acting within the scope of his or her professional licensure shall give an order for application of the restraint within one hour. A licensed health care practitioner acting within the scope of his or her professional licensure may give the order by telephone. In such an event, the licensed health care practitioner shall sign the order within 5 days.
(b) A daily log shall be maintained in each facility exercising behavior restraint and seclusion indicating the name of the patient for whom behavior restraint or seclusion is ordered.
(c) Full documentation of the episode leading to the behavior restraint or seclusion, the type of behavior restraint or seclusion used, the length of time that the restraint or seclusion was applied or utilized, and the name of the individual applying such measures shall be entered in the patient's health record.
1. Amendment of subsection (a) and NOTE filed 3-3-2010; operative 4-2-2010 (Register 2010, No. 10).
2. Governor Newsom issued Executive Order N-55-20 (2019 CA EO 55-20), dated April 22, 2020, which suspended certain provisions related to the operation of treatment and rehabilitation facilities that could restrict staffing flexibility, due to the COVID-19 pandemic.
Note: Authority cited: Sections 1275, 100275 and 131200, Health and Safety Code. Reference: Sections 1276, 1316.5, 131050, 131051 and 131052, Health and Safety Code.
