Section 22-A516. INJURY OR DEATH AS A RESULT OF RESTRAINT OR SECLUSION

 

516.1If a consumer is injured during the process of being placed in restraints or seclusion or while in restraints or seclusion, MH provider staff shall:

 

(a)Immediately obtain medical treatment from qualified medical personnel for the consumer;

 

(b)Document in the consumer's clinical records the injuries and any treatment provided for these injuries;

 

(c)Complete and submit a major unusual incident report to the DMH Office of Accountability; and

 

(d)Document in the consumer's record and submit a major unusual incident report to document any injuries to staff resulting from the use of restraints or seclusion during an emergency.

 

516.2Any death that occurs while a consumer is in the process of being restrained or secluded, while the consumer is in restraints or seclusion, or any death that could reasonably have been the result of the use of restraint or seclusion shall be:

 

(a)Documented in the consumer's clinical record;

 

(b)Reported immediately (but no later than one (1) hour after discovery of the death) to the DMH Office of Accountability; and

 

(c)Reported to any other federal or District agencies as required by federal and District laws and regulations.

 

516.3Staff involved in applying restraints or seclusion to abate an emergency that results in injury to the consumer or staff shall meet with supervisory staff to evaluate the circumstances that caused the injury and develop a plan to prevent future injuries. The meeting and evaluation of the circumstances that caused the injury and development of a plan to prevent future injuries may occur in conjunction with either the post event analysis described in § 509 or the treatment team debriefing described in § 510.

 

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).