New Jersey Administrative Code
Title 10 - HUMAN SERVICES
Chapter 42 - MECHANICAL RESTRAINTS AND SAFEGUARDING EQUIPMENT
Subchapter 3 - APPLICATION AND IMPLEMENTATION
Section 10:42-3.1 - Application to use mechanical restraint
Universal Citation: NJ Admin Code 10:42-3.1
Current through Register Vol. 56, No. 18, September 16, 2024
(a) Each facility or service provider requesting approval to utilize mechanical restraints shall submit comprehensive written procedures governing the use of restraint to the Behavior Policy Review Committee. Approval or disapproval of an entity's procedures shall be based on the facility, program, or provider's ability to safely and appropriately implement the procedures, as well as provide staff training.
(b) The procedure submitted shall include the following:
1. A statement specifically identifying the
forms of mechanical restraint to be used and the number of trained staff that
shall be available to apply restraints;
2. Identification of the training curriculum
to be followed, with diagrams, photographs, or graphs, and a narrative
description providing instructions for the safe application of each mechanical
restraint;
3. Identification of the
trainers' qualifications;
4. A
statement that authorizing personnel meet the requirements of this chapter and
have been so designated by the executive director or CEO;
5. A statement that staff who may need to use
mechanical restraints have been trained in accordance with this chapter and
receive at least an annual assessment of competence and retraining as
necessary. The facility or service provider must maintain documentation of such
training and assessment;
6. A
statement that continual observation by staff and documented checks at
15-minute intervals, consistent with this chapter, shall be required for the
use of mechanical restraints;
7. A
statement requiring immediate medical attention in response to injury or
physical distress that occurs during the use of a mechanical
restraint;
8. A process for
analyzing and reviewing the use of mechanical restraints for the purpose of
reducing reliance upon mechanical restraints;
9. Statements indicating that any application
of approved mechanical restraints that results in injury or is at variance with
an agency's Division-approved curriculum or procedure shall be reported as an
unusual incident. If determined necessary:
i.
The staff member shall be retrained and shall demonstrate that he or she can
safely apply the mechanical restraint before being allowed to again use that
restraint; and
ii. Disciplinary
action shall be taken if the actions were abusive or neglectful.
10. Statements indicating that the
legal guardian or parent, as applicable, shall be advised by telephone or
preferred method of communication within 24 hours of an emergency use of a
mechanical restraint not provided for in a behavior support plan; and
11. Provisions for addressing the emotional
needs of the individual(s) and staff involved in the use of a mechanical
restraint. If an individual's behavior support plan or service plan specifies
how their emotional needs shall be addressed, these shall be
followed.
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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