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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