Section 22-A505. PROHIBITIONS ON THE USE OF RESTRAINTS AND SECLUSION  


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    505.1In employing restraints and seclusion, the following measures are strictly prohibited:

     

    (a)The use of restraining nets;

     

    (b)Ambulatory restraints (restraints which allow the consumer to walk around while restrained, such as wristlets or anklets);

     

    (c)The simultaneous use of restraints and seclusion, unless the consumer is continually monitored face-to-face by a trained staff member, in accordance with the MH provider's DMH approved face-to-face monitoring policy;

     

    (d)Restraint in the prone, face-down position unless determined medically necessary by the attending physician;

     

    (e)"As needed" orders for restraints or seclusion;

     

    (f)The use of restraints or seclusion in excess of twenty-four (24) hours, unless there is a court order authorizing a longer duration;

     

    (g)The use of any restraint around a consumer's neck;

     

    (h)Covering of the consumer's face with any material or object during the process of restraint or seclusion; and

     

    (i)The use of unofficial restraints or seclusion, which includes any restraint or seclusion applied without the written authorization of the attending physician or physician assistant.

     

    505.2If an MH provider described in § 500.7 intends to simultaneously use restraint and seclusion, the MH provider shall submit its face-to-face monitoring policy to DMH's chief clinical officer for review and approval. A face-to-face monitoring policy shall require a one-on-one assignment of a trained staff person to the doorway of the seclusion room for the duration of the simultaneous use of the restraint and seclusion. An MH provider shall not simultaneously use restraint and seclusion without the prior written approval from DMH's chief clinical officer of its face-to-face monitoring policy.

     

authority

Sections 114 and 209 of the Mental Health Service Delivery Reform Act of 2001, effective December 18, 2001 (D.C. Law 14-56; D.C. Official Code §§ 7-1131.14 and 1231.09 (2001 ed.)).

source

Emergency and Proposed Rulemaking published at 51 DCR 8691 (September 3, 2004)[EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 11863 (December 31, 2004)[EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 52 DCR 5957 (June 24, 2005)[EXPIRED]; as amended by Final Rulemaking published at 52 DCR 7229 (August 5, 2005).