Code of Massachusetts Regulations
115 CMR - DEPARTMENT OF DEVELOPMENTAL SERVICES
Title 115 CMR 5.00 - Standards To Promote Dignity
Section 5.12 - Health-related Supports and Protective Equipment
Universal Citation: 115 MA Code of Regs 115.5
Current through Register 1518, March 29, 2024
(1) Supports Needed for an Individual to Achieve Proper Body Position, Balance, or Alignment and Health-related Protective Equipment.
(a) Health-related supports may be used only
to achieve proper body position and balance, to permit the individual to
actively participate in ongoing activities without the risk of physical harm
from those activities, to prevent re-injury during the time that an injury is
healing or to prevent infection of a condition for which the individual is
being treated, or to enable provider staff to evacuate an individual who is not
capable of evacuation. Devices providing such support include, but are not
limited to, orthopedically prescribed appliances, surgical dressings and
bandages, protective helmets, and supportive body bands.
(b)
Health-related Protective
Equipment.
1. Health-related
protective equipment used during a specific medical or dental procedure for the
individual's protection during the time the individual is undergoing treatment
or to prevent injury for an ongoing medical condition. For example, the use of
a helmet for drop seizures, may only be used when ordered by a physician,
dentist, physician assistant, or a nurse practitioner.
2. Health related protective equipment used
to prevent risk of harm during challenging self-injurious behavior, for
example, a helmet or arm splints, may only be used when authorized by a PBS
Qualified Clinician. Protective equipment used to prevent risk of harm during
self-injurious behavior may only be used as part of an Intensive PBSP, and is
subject to human rights committee review.
(c) Providers must assure all health related
supports and protective equipment are:
1.
described with specificity in the licensed medical professional's order for
health related protective equipment identified in 115 CMR 5.12(1)(b)1. or an
Intensive PBSP for health related protective equipment identified in 115 CMR
5.12(1)(b)2. by a qualified clinician; and
2. are in good repair and properly
applied.
(d)
Health-related supports and protective equipment do not constitute an emergency
restraint and shall not be used for the convenience of staff.
(2) Further Limitations on the Use of Health-related Supports and Protective Equipment. Health-related supports and protective equipment permitted under 115 CMR 5.12 shall be designed and applied:
(a) In accordance with principles of good
body alignment, concern for circulation, and allowance for change of
position;
(b) In accordance with
safety checks and opportunities for exercise as specified in the licensed
medical professional's order for health related protective equipment identified
in 115 CMR 5.12(1)(b)1. or an Intensive PBSP by a qualified clinician for
health related protective equipment identified in 115 CMR 5.12(1)(b)2. and, if
applicable, set forth in the individual's ISP; and
(c) With documentation as to the frequency
and duration of use.
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