Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 22 - CHILDREN AND ADOLESCENTS: INTENSIVE TREATMENT SERVICES; INTEGRATED LICENSES; CHILDREN'S EMERGENCY SAFETY INTERVENTION SPECIALISTS › Section 309-022-0175 - Restraint and Seclusion

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Providers shall meet the following general conditions of personal restraint and
			 seclusion:
(a) Personal restraint and
			 seclusion shall be used only in an emergency safety situation to prevent
			 immediate injury to an individual who is in danger of physically harming
			 himself or herself or others in situations, such as the occurrence of or
			 serious threat of violence, personal injury, or attempted suicide;
(b) Any use of personal restraint or
			 seclusion shall respect the dignity and civil rights of the
			 individual;
(c) The use of personal
			 restraint or seclusion shall be directly related to the immediate risk related
			 to the behavior of the individual and may not be used as punishment,
			 discipline, or for the convenience of staff;
(d) Personal restraint or seclusion shall be
			 used only for the length of time necessary for the individual to resume
			 self-control and prevent harm to the individual or others, even if the order
			 for seclusion or personal restraint has not expired, and shall under no
			 circumstances exceed four hours for individuals ages 18 to 21, two hours for
			 individuals ages 9 to 17, or one hour for individuals under age 9;
(e) An order for personal restraint or
			 seclusion may not be written as a standing order or on an as needed
			 basis;
(f) Personal restraint and
			 seclusion may not be used simultaneously;
(g) Providers shall notify the individual's
			 parent or guardian of any incident of seclusion or personal restraint within 24
			 hours;
(h) Notification must
			 include verbal and written notification and must include:
(A) A description of the restraint or
			 involuntary seclusion;
(B) The date
			 of the restraint or seclusion;
(C)
			 The times when the restraint or seclusion began and ended and the location of
			 the restraint or seclusion;
(D)
			 Description of the individual's activity that necessitated the use of restraint
			 or seclusion;
(E) De-escalation
			 efforts used;
(F) The names of each
			 staff person involved.
(i) If an individual in care suffers a
			 reportable injury arising from the use of physical restraint or seclusion
			 notification must include any photographs, audio or video recordings of the
			 incident;
(j) If incidents of
			 personal restraint or seclusion used with an individual cumulatively exceed
			 five interventions over a period of five days or a single episode of one hour
			 within 24 hours, the psychiatrist or designee shall convene by phone or in
			 person program staff with designated clinical leadership responsibilities to:
(A) Discuss the emergency safety situation
			 that required the intervention, including the precipitating factors that led up
			 to the intervention and any alternative strategies that might have prevented
			 the use of the personal restraint or seclusion;
(B) Discuss the procedures, if any, to be
			 implemented to prevent any recurrence of the use of personal restraint or
			 seclusion;
(C) Discuss the outcome
			 of the intervention including any injuries that may have resulted;
			 and
(D) Review the individual's
			 service plan making the necessary revisions and documenting the discussion and
			 any resulting changes to the individual's service plan in the service
			 record.