405 ILCS 5/2-108
2021 Illinois Compiled Statutes|Chapter 405 - MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES|405 ILCS 5/ - Mental Health and Developmental Disabilities Code.|Chapter II - Rights Of Recipients Of Mental Health And Developmental Disabilities Services

 (from Ch. 91 1/2, par. 2-108)Sec. 2-108. Use of restraint. Restraint may be used only as a therapeutic  measure to prevent a recipient from causing physical harm to himself or  physical abuse to others. Restraint may only be applied by a person who has  been trained in the application of the particular type of restraint to be  utilized. In no event shall restraint be utilized  to punish or discipline a  recipient, nor is restraint to be used as a convenience for the staff.(a) Except as provided in this Section, restraint shall be employed only  upon the written order of a physician, clinical psychologist, clinical social  worker, clinical professional counselor, advanced practice psychiatric nurse, or registered nurse with supervisory responsibilities.  No restraint  shall be ordered unless the physician, clinical psychologist, clinical social  worker, clinical professional counselor, advanced practice psychiatric nurse, or registered nurse with supervisory responsibilities, after personally  observing and examining the recipient, is clinically satisfied that the use of  restraint is justified to prevent the recipient from causing physical harm to  himself or others. In no event may restraint continue for longer than 2 hours  unless within that time period a nurse with supervisory responsibilities, advanced practice psychiatric nurse, or a  physician confirms, in writing, following a personal examination of the  recipient, that the restraint does not pose an undue risk to the recipient's  health in light of the recipient's physical or medical condition.  The order  shall state the events leading up to the need for restraint and the purposes  for which restraint is employed.  The order shall also state the length of time  restraint is to be employed and the clinical justification for that length of  time.  No order for restraint shall be valid for more than 16 hours.  If  further restraint is required, a new order must be issued pursuant to the  requirements provided in this Section.(b) In the event there is an emergency requiring the immediate use  of restraint, it may be ordered temporarily by a qualified person only  where a physician, clinical psychologist, clinical social worker, clinical professional counselor, advanced practice psychiatric nurse, or  registered nurse with supervisory responsibilities is not immediately  available.  In that event, an order by a nurse, clinical psychologist, clinical  social worker, clinical professional counselor, advanced practice psychiatric nurse, or physician shall be obtained pursuant to the requirements of  this Section as quickly as possible, and the recipient shall be examined by a  physician or supervisory nurse within 2 hours after the initial employment of  the emergency restraint. Whoever orders restraint in emergency situations shall  document its necessity and place that documentation in the recipient's record.(c) The person who orders restraint shall inform the facility director or  his designee in writing of the use of restraint within 24 hours.(d) The facility director shall review all restraint orders daily and shall  inquire into the reasons for the orders for restraint by any person who  routinely orders them.(e) Restraint may be employed during all or part of one 24 hour  period, the period commencing with the initial application of the  restraint.  However, once restraint has been employed during one 24 hour  period, it shall not be used again on the same recipient during the next  48 hours without the prior written authorization of the facility director.(f) Restraint shall be employed in a humane and therapeutic manner and  the person being restrained shall be observed by a qualified person as often  as is clinically appropriate but in no event less than once every 15 minutes.  The qualified person shall maintain a record of the observations.  Specifically, unless there is an immediate danger that the recipient  will physically harm himself or others, restraint shall be loosely  applied to permit freedom of movement.  Further, the recipient shall be  permitted to have regular meals and toilet privileges free from the  restraint, except when freedom of action may result in physical harm to  the recipient or others.(g) Every facility that employs restraint shall provide training in the  safe and humane application of each type of restraint employed.  The facility shall not authorize the use of any type of restraint by an  employee who has not received training in the safe and humane application  of that type of restraint.  Each facility in which restraint is used shall  maintain records detailing which employees have been trained and are  authorized to apply restraint, the date of the training and the type of  restraint that the employee was trained to use.(h) Whenever restraint is imposed upon any recipient whose primary mode  of communication is sign language, the recipient shall be permitted to have  his hands free from restraint for brief periods each hour, except  when freedom may result in physical harm to the recipient or others.(i) A recipient who is restrained may only be secluded at the same time  pursuant to an explicit written authorization as provided in Section 2-109  of this Code.  Whenever a recipient is restrained, a member of the facility  staff shall remain with the recipient at all times unless the recipient has  been secluded.  A recipient who is restrained and secluded shall be  observed by a qualified person as often as is clinically appropriate but in  no event less than every 15 minutes.(j) Whenever restraint is used, the recipient shall be advised of his  right, pursuant to Sections 2-200 and 2-201 of this Code, to have any  person of his choosing, including the Guardianship and Advocacy Commission  or the agency designated pursuant to the Protection and Advocacy for  Persons with Developmental Disabilities Act  notified of the restraint.  A recipient  who is under guardianship may request that any person of his choosing be  notified of the restraint whether or not the guardian approves of the notice.  Whenever the Guardianship and Advocacy Commission is notified that a recipient  has been restrained, it shall contact that recipient to determine the  circumstances of the restraint and whether further action is warranted.  (Source: P.A. 101-587, eff. 1-1-20.)