Current through Register Vol. 39, No. 6, September 16, 2024
(a) Whenever
protective devices that cannot be removed at will by the client are utilized,
the state facility shall:
(1) assure that the
protective device shall be used only to promote the client's physical
safety;
(2) assure that the factors
putting the client's physical safety at risk are fully explored and addressed
in treatment planning with the participation of the client and legally
responsible person if applicable;
(3) document the utilization of protective
device in the client's nursing care plan, when applicable, and
treatment/habilitation plan;
(4)
document what positive alternatives and less restrictive alternatives were
considered, whether those alternatives were tried, and why those alternatives
were unsuccessful;
(5) assure that
the protective device is used only upon the written order of a qualified
professional that specifies the type of protective device and the duration and
circumstances under which the protective device is used;
(6) assure and document that the staff
applying the protective device is trained and has demonstrated competence to do
so;
(7) inspect to ensure that the
devices are in good repair and free of tears and protrusions;
(8) determine, at the time of application of
the protective device, the degree of observation needed to assure the safety of
those placed in restraints. The type of protective device used, the individual
patient situation, and the existence of any specific manufacturer's warning
concerning the safe use of a particular product shall all be considered in
determining the degree of observation needed. Observation shall include direct
line of sight or the use of video surveillance. In no instance shall
observation be less frequent than at 30-minute intervals.
(9) assure that whenever the client is
restrained and subject to injury by another client, a state facility employee
shall remain present with the client continuously.
(10) assure that the person is released as
needed, but at least every two hours;
(11) re-evaluate need for and impact on
client of protective device at least every 30 days; and
(12) assure that observations and
interventions shall be documented in the client record.
(b) In addition to the requirements specified
in Paragraph (a) of this Rule, protective devices used for behavioral control
shall comply with the requirements specified in Rule .0203 of this
Section.
