New Jersey Administrative Code
Title 10 - HUMAN SERVICES
Chapter 42 - MECHANICAL RESTRAINTS AND SAFEGUARDING EQUIPMENT
Subchapter 1 - GENERAL PROVISIONS
Section 10:42-1.4 - General requirements

Universal Citation: NJ Admin Code 10:42-1.4

Current through Register Vol. 56, No. 6, March 18, 2024

(a) The Division recognizes that the risk of dangerous behavior may be minimized when the following conditions are made available to the individual:

1. A safe environment, which provides sufficient living area, employs effective sanitary practices, and affords the opportunity for personal privacy;

2. Access to needed services, activities, and possessions, which are based on choice and individual preference;

3. Frequent communication and positive interactions with others;

4. Culturally sensitive treatment, which recognizes, through words and actions, that the individual is a valued and respected person;

5. Opportunity for the development of appropriate social, communication, coping, and other life skills;

6. Meaningful participation in the community including support for and development of relationships with family and friends; and

7. Appropriate treatment for medical conditions and mental health issues.

(b) Devices, such as bed rails, mitts, jumpsuits, arm splints, vests, helmets, and body harnesses may be used as either a mechanical restraint or safeguarding equipment, depending upon the circumstances. For example, a helmet used to prevent injury due to seizures is a safeguarding device. Use of a helmet to prevent injury due to self-injurious behavior is considered a mechanical restraint.

(c) Primary reliance on punishment, physical, or mechanical restraints, or aversive techniques to decrease undesirable behavior is contrary to Division policy. Mechanical restraints are considered to be appropriate only when absolutely necessary and their use shall be minimized in favor of other, more positive interventions.

(d) When highly restrictive mechanical restraints are in use, continual observation by staff is required to recognize obvious signs of physical distress.

(e) All devices shall be applied only by staff trained in their use and applications.

(f) The need for the particular device to be used as safeguarding equipment or for behavioral intervention shall be documented in the service plan and re-evaluated no less than annually as a part of the service plan review or as specified by the Interdisciplinary Team in the service plan.

(g) Only commercially produced devices shall be employed as mechanical restraints. If a special device must be developed, the need for the device shall be:

1. Documented in the service plan;

2. Approved by the behavior support committee;

3. Approved by the appropriate human rights committee;

4. Approved by the CEO or executive director;

5. Approved by the Behavior Policy Review Committee; and

6. Approved by the Assistant Commissioner.

(h) All safeguarding equipment shall be prescribed by a licensed physician. With regard to dental matters, the safeguarding equipment shall be prescribed by a dentist.

(i) Safeguarding equipment may be used on a temporary basis to conduct medical and dental evaluations, examinations, or treatments when the individual's behavior prevents the evaluation, examination, or treatment.

(j) Mechanical restraints shall be inspected following each use to ensure safety. They shall remain clean, in good condition, and free from damage that may cause injury.

(k) The Division may require a service provider to terminate restraint usage for an individual if any requirements of this chapter are violated.

Disclaimer: These regulations may not be the most recent version. New Jersey may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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