New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 42 - MECHANICAL RESTRAINTS AND SAFEGUARDING EQUIPMENT › Subchapter 3 - APPLICATION AND IMPLEMENTATION › Section 10:42-3.1 - Application to use mechanical restraint

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each
				facility or service provider requesting approval to utilize mechanical
				restraints shall submit comprehensive written procedures governing the use of
				restraint to the Behavior Policy Review Committee. Approval or disapproval of
				an entity's procedures shall be based on the facility, program, or provider's
				ability to safely and appropriately implement the procedures, as well as
				provide staff training.
(b) The
				procedure submitted shall include the following:
1. A statement specifically identifying the
				forms of mechanical restraint to be used and the number of trained staff that
				shall be available to apply restraints;
2. Identification of the training curriculum
				to be followed, with diagrams, photographs, or graphs, and a narrative
				description providing instructions for the safe application of each mechanical
				restraint;
3. Identification of the
				trainers' qualifications;
4. A
				statement that authorizing personnel meet the requirements of this chapter and
				have been so designated by the executive director or CEO;
5. A statement that staff who may need to use
				mechanical restraints have been trained in accordance with this chapter and
				receive at least an annual assessment of competence and retraining as
				necessary. The facility or service provider must maintain documentation of such
				training and assessment;
6. A
				statement that continual observation by staff and documented checks at
				15-minute intervals, consistent with this chapter, shall be required for the
				use of mechanical restraints;
7. A
				statement requiring immediate medical attention in response to injury or
				physical distress that occurs during the use of a mechanical
				restraint;
8. A process for
				analyzing and reviewing the use of mechanical restraints for the purpose of
				reducing reliance upon mechanical restraints;
9. Statements indicating that any application
				of approved mechanical restraints that results in injury or is at variance with
				an agency's Division-approved curriculum or procedure shall be reported as an
				unusual incident. If determined necessary:
i.
				The staff member shall be retrained and shall demonstrate that he or she can
				safely apply the mechanical restraint before being allowed to again use that
				restraint; and
ii. Disciplinary
				action shall be taken if the actions were abusive or neglectful.
10. Statements indicating that the
				legal guardian or parent, as applicable, shall be advised by telephone or
				preferred method of communication within 24 hours of an emergency use of a
				mechanical restraint not provided for in a behavior support plan; and
11. Provisions for addressing the emotional
				needs of the individual(s) and staff involved in the use of a mechanical
				restraint. If an individual's behavior support plan or service plan specifies
				how their emotional needs shall be addressed, these shall be
				followed.