Use
of
Restraints
Causing
Injury
Federal regulations require nursing homes to minimize the use of both physical and chemical restraints. Federal law states that a resident has the right to be free from any physical or chemical restraints imposed for purposes of discipline or convenience and not required to treat the resident’s medical symptoms.
42 C.F.R. 483.13(a)
Where physical or chemical restraint is being used by the nursing home, it must be the least restrictive restraint necessary to accomplish its intended medical purpose.
The last 20 years has seen an evolution in the nursing home industry away from the use of restraints. Physical restraints are rarely used in the nursing home setting and should be used even less in assisted living facilities. Studies have consistently shown that restraints can cause more injuries than they can prevent. Even bed rails are generally considered a restraint. In fact, if bed rails are not properly adjusted, they can pose a significant entrapment hazard for a resident.
The FDA has issued guidelines on the use of hospital beds in a way that reduces entrapment. See Link:
www.fda.gov/bbs/topics/news/2006/new01331.html
More common in today’s world is the use of chemical restraints that have serious potential to cause both physical injury and psychological harm.
If you have further questions about restraints, please
contact us for a free consultation or additional information.
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