27A-12-6.1. Restrictive treatment procedures--Documentation--Prior approval--Limitation.
Restrictive treatment procedures which impose physical restrictions on the person may not be considered seclusion or restraint as provided for in §27A-12-6.2, if carried out as a part of an approved behavioral treatment program, developed in accordance with §27A-12-3.6. If restrictive treatment procedures involve physical restraint or placing a person alone in a separate room, appropriate attention shall be paid every fifteen minutes to the person, especially in regard to regular meals, bathing, and use of the toilet. There shall be documentation in the person's record that such attention was given to the person.
Prior to its implementation, restrictive treatment procedures shall be approved by a peer committee review, and shall be subject to continuing review and approval every ninety days, or sooner upon request for review by the patient, attending staff, treatment team member, or treating qualified mental health professional. Each incident requiring the implementation of a restrictive treatment procedure shall be documented in the person's record. An approved restrictive treatment procedure shall require a written order at least every fifteen days during the first sixty days of implementation and every thirty days thereafter.
Restrictive treatment procedures may not be employed as punishment or for the convenience of staff, and may be implemented in the treatment plan only as necessary to prevent assaultive or otherwise harmful behaviors, with specific conditions justifying its use including occurrence of antecedent behavior to be documented in the treatment plan. A person shall be released from restrictive treatment procedures upon completion of a reasonable and pre-set period of time during which the targeted behaviors are not present.
Source: SL 1987, ch 198, §20; SL 1991, ch 220, §§221, 222.