Current through Bulletin 2024-06, March 15, 2024
(1) Each resident
has the right to be free from physical restraints imposed for purposes of
discipline or convenience, or not required to treat the resident's medical
symptoms.
(2)
(a) The licensee shall have written policies
and procedures regarding the proper use of restraints.
(b) The licensee shall ensure physical and
chemical restraints are only used to assist residents to attain and maintain
optimum levels of physical and emotional functioning.
(c) The licensee shall ensure physical and
chemical restraints are not used as substitutes for direct resident care,
activities, or other services.
(d)
The licensee shall ensure restraints do not unduly hinder evacuation of the
resident in the event of fire or other emergency.
(e) If use of a physical or a chemical
restraint is implemented, the licensee shall ensure the resident, next of kin,
and the legally designated representative is informed of the reasons for the
restraint, the circumstances that allow the restraint to be discontinued, and
the hazards of the restraint, including potential physical side
effects.
(3) The licensee
shall develop and implement policies and procedures that govern the use of
physical and chemical restraints. The licensee shall ensure these policies
promote optimal resident function in a safe, therapeutic manner and minimize
adverse consequences of restraint use and incorporate and address the
following:
(a) resident assessment criteria
that includes:
(i) appropriateness of
use;
(ii) procedures for
use;
(iii) purpose and nature of
the restraint;
(iv) less
restrictive alternatives before the use of more restrictive measures;
and
(v) behavior management and
modification protocols including possible alterations to the physical
environment;
(b) examples
of the types of restraints and safety devices that are acceptable for the use
indicated and possible resident conditions when the restraint may be used;
and
(c) physical restraint
guidelines for periodic release and position change or exercise, with
instructions for documentation of this action.
(4) The licensee shall ensure emergency use
of physical and chemical restraints comply with the following:
(a) a physician, a licensed health
practitioner, the director of nursing, or the health services supervisor
authorizes the emergency use of restraints;
(b) the attending physician is notified as
soon as possible, but at least within 24 hours of the application of the
restraints;
(c) the director of
nursing or health services supervisor is notified no later than the beginning
of the next day shift of the application of the restraints; and
(d) the resident's record the circumstances
necessitating emergency use of the restraint is documented and the resident's
response.
(5) The
licensee shall ensure:
(a) physical restraints
are authorized in writing by a licensed practitioner and incorporated in the
resident's plan of care;
(b) the
interdisciplinary team reviews and documents the use of physical restraints,
including simple safety devices, during each resident care conference, and upon
receipt of renewal orders from the licensed practitioner;
(c) the resident care plan indicates the type
of physical restraint or safety device, the length of time to be used, the
frequency of release, and the type of exercise or ambulation to be
provided;
(d) staff application of
physical restraints ensures minimal discomfort to the resident and allow
sufficient body movement for proper circulation;
(e) staff application of physical restraints
do not cause injury or allow a potential for injury;
(f) leather restraints, straight jackets, or
locked restraints are prohibited;
(g) chemical restraints are authorized in
writing by a licensed practitioner and incorporated into the resident's plan of
care in conjunction with an individualized behavior management
program;
(h) the interdisciplinary
team reviews and documents the use of chemical restraints during each resident
care conference and upon receipt of renewal orders from the licensed
practitioner;
(i) each resident
receiving chemical restraints is monitored for adverse effects that
significantly hinder verbal, emotional, or physical abilities; and
(j) any medication given to a resident is
administered according to the requirements of professional and ethical practice
and according to the policies and procedures of the facility.
(6) The licensee shall initiate
gradual drug dosage reductions as outlined in Subsection
R432-150-15(13)(c).
(7) The licensee shall include criteria for
admission and retention of residents who require behavior management program in
the facility policy.