210 ILCS 45/2-106
2021 Illinois Compiled Statutes|Chapter 210 - HEALTH FACILITIES AND REGULATION|210 ILCS 45/ - Nursing Home Care Act.|Article II - Rights And Responsibilities

 (from Ch. 111 1/2, par. 4152-106)Sec. 2-106. (a) For purposes of this Act, (i) a physical restraint is any  manual method or physical or  mechanical device, material, or equipment attached or adjacent to a  resident's body that the resident cannot remove easily and  restricts  freedom of movement or normal access to one's  body.  Devices used for  positioning, including but not limited to bed rails,  gait belts, and cushions, shall not be considered to be restraints for  purposes of this Section;   (ii) a chemical restraint  is  any drug used for discipline or convenience and not required to treat medical  symptoms.  The Department shall by rule, designate certain devices as  restraints,  including at least all those devices which have been determined  to be restraints by the United States Department of Health and Human Services  in  interpretive guidelines issued for the purposes of administering Titles XVIII and XIX of the Social Security Act.(b) Neither restraints nor confinements shall be employed  for the purpose of punishment or for the convenience of any facility personnel.  No restraints or confinements shall be employed except as ordered  by a physician who documents the need for such restraints or confinements  in the  resident's clinical record.(c) A restraint may be used only with the informed consent of the  resident, the resident's guardian, or other authorized representative.  A  restraint may be used only for specific periods, if it is the  least restrictive means necessary to attain and maintain the resident's highest  practicable physical, mental or psychosocial well-being, including brief  periods of time to provide necessary life-saving treatment.  A restraint may be  used only after consultation with appropriate health professionals, such as  occupational or physical therapists, and a trial of less restrictive measures  has led to the determination that the use of less restrictive measures  would not attain or maintain the resident's highest practicable physical,  mental or psychosocial well-being.  However, if the resident needs emergency care, restraints may be used for brief  periods to  permit medical treatment to proceed unless the facility has notice that the  resident has previously made a valid refusal of the treatment in  question.(d) A restraint may be applied only by a person trained in the application  of the particular type of restraint.(e) Whenever a period of use of a restraint is initiated, the resident shall  be advised of his or her right to have a person or organization of his or  her  choosing,  including the Guardianship and Advocacy Commission, notified of the use of the  restraint.  A recipient  who is under guardianship may request that a person or organization of his or  her choosing  be notified of the restraint, whether or not the guardian  approves the notice.  If the resident so chooses, the facility shall make the notification  within 24 hours, including any information  about  the period of time that the restraint is to be used.  Whenever the Guardianship and Advocacy Commission is notified that a resident  has been restrained, it shall contact the resident to determine the  circumstances of the restraint and whether further action is warranted.(f) Whenever a restraint is used on a resident whose primary mode of  communication is sign language, the resident shall be permitted to have his or  her  hands free from restraint for brief periods each hour, except when this freedom  may  result in physical harm to the resident or others.(g) The requirements of this Section are intended to control in any conflict  with the requirements of Sections  1-126 and 2-108 of the Mental Health and Developmental Disabilities Code.    (Source: P.A. 97-135, eff. 7-14-11.)