Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 404 - DEVELOPMENTAL DISABILITIES SERVICES › Chapter 5 - CORE REQUIREMENTS FOR ALL CERTIFIED AND INDEPENDENT PROVIDERS OF SERVICES › Section 404-5-007 - RESTRICTIVE MEASURES

Current through June 17, 2024
To the fullest extent possible, a participant's rights may
				  not be suspended or restricted. If a restrictive measure is necessary:
(A) The restrictive measure determined
				necessary for one participant must not unreasonably affect other individuals
				who receive services in that setting;
(B) The restrictive measure must not be used
				as punishment, for the convenience of staff, due to a shortage of staff, as a
				substitute for habilitation, or as an element of a positive behavior support
				plan;
(C) The restrictive measure
				must be the least restrictive and least intrusive possible;
(D) There must be a goal of reducing and
				eliminating the restrictive measure;
(E) Prior to proposing a restrictive measure,
				there must be documented evidence that other less restrictive methods had been
				applied by trained staff and failed, unless a participant's behavior resulted
				in an immediate and serious threat to the health and safety;
(F) The participant or their legal
				representative, if applicable, must give consent to the restrictive measure;
(G) The restrictive measure must
				be safe for the participant; and
(H) The restrictive measure must be
				documented in the participant's individual support plan (ISP).
007.01
REVIEW AND APPROVAL OF
				RESTRICTIVE MEASURE.
Prior to implementation of a restrictive
				measure, the provider must ensure review and approval by the individual support
				planning team and rights review committee, except where the provider is not
				required under this Title to have a rights review committee.
007.02
RESTRAINTS.
The use of mechanical and physical restraints is prohibited unless required by
				law.
007.02(A)
EMERGENCY SAF ETY
				INTERVENTION.
An emergency safety intervention is allowed to
				respond to an emergency safety situation. The provider must document all
				incidents of emergency safety interventions and give the documentation to the
				participant's individual support planning team and provider rights review
				committee to review that the emergency safety intervention was appropriate
				rather than an instance of mechanical or physical restraint.
007.02(B)
EXCEPTION.
Devices used to provide support for the achievement of functional body position
				or proper balance, and devices used for specific medical and surgical (as
				distinguished from behavioral) treatment are not considered
				restraints.
007.02(C)
PROHIBITED METHOD.
The provider must prohibit the use
				of:
(i) Mechanical restraint;
(ii) Physical restraint, except when used as
				emergency safety intervention;
(iii) Chemical restraint;
(iv) Aversive stimuli;
(v) Corporal punishment;
(vi) Seclusion;
(vii) Verbal abuse;
(viii) Physical abuse;
(ix) Emotional abuse;
(x) Denial of basic needs;
(xi) Discipline;
(xii) Implementation of an intervention of a
				participant in services by another participant in services; or
(xiii) Other means of intervention that
				results in, or is likely to result in injury to the
				participant.