Collapse to view only § 290ii. Requirement relating to the rights of residents of certain facilities
- § 290ii. Requirement relating to the rights of residents of certain facilities
- § 290ii-1. Reporting requirement
- § 290ii-2. Regulations and enforcement
§ 290ii. Requirement relating to the rights of residents of certain facilities
(a) In general
(b) Requirements
Restraints and seclusion may only be imposed on a resident of a facility described in subsection (a) if—
(1) the restraints or seclusion are imposed to ensure the physical safety of the resident, a staff member, or others; and
(2) the restraints or seclusion are imposed only upon the written order of a physician, or other licensed practitioner permitted by the State and the facility to order such restraint or seclusion, that specifies the duration and circumstances under which the restraints are to be used (except in emergency circumstances specified by the Secretary until such an order could reasonably be obtained).
(c) Current law
(d) Definitions
In this section:
(1) Restraints
The term “restraints” means—
(A) any physical restraint that is a mechanical or personal restriction that immobilizes or reduces the ability of an individual to move his or her arms, legs, or head freely, not including devices, such as orthopedically prescribed devices, surgical dressings or bandages, protective helmets, or any other methods that involves the physical holding of a resident for the purpose of conducting routine physical examinations or tests or to protect the resident from falling out of bed or to permit the resident to participate in activities without the risk of physical harm to the resident (such term does not include a physical escort); and
(B) a drug or medication that is used as a restraint to control behavior or restrict the resident’s freedom of movement that is not a standard treatment for the resident’s medical or psychiatric condition.
(2) Seclusion
(3) Physical escort
(4) Time out
(July 1, 1944, ch. 373, title V, § 591, as added Pub. L. 106–310, div. B, title XXXII, § 3207, Oct. 17, 2000, 114 Stat. 1195.)
§ 290ii–1. Reporting requirement
(a) In general
(b) Facility
(July 1, 1944, ch. 373, title V, § 592, as added Pub. L. 106–310, div. B, title XXXII, § 3207, Oct. 17, 2000, 114 Stat. 1196.)
§ 290ii–2. Regulations and enforcement
(a) Training
(b) Requirements
The regulations promulgated under subsection (a) shall require that—
(1) facilities described in subsection (a) ensure that there is an adequate number of qualified professional and supportive staff to evaluate patients, formulate written individualized, comprehensive treatment plans, and to provide active treatment measures;
(2) appropriate training be provided for the staff of such facilities in the use of restraints and any alternatives to the use of restraints; and
(3) such facilities provide complete and accurate notification of deaths, as required under section 290ii–1(a) of this title.
(c) Enforcement
(July 1, 1944, ch. 373, title V, § 593, as added Pub. L. 106–310, div. B, title XXXII, § 3207, Oct. 17, 2000, 114 Stat. 1196.)