SECTION 450:23-9-4. Mechanical restraints for adult consumers only  


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  • (a)   Mechanical restraints shall not be used on a non-consenting individual unless a licensed CBSCC physician personally examines the individual and determines their use to be required for the safety and protection of the consumer or other persons. This shall not prohibit the emergency use of restraint pending notification of the physician.
    (b)   The CBSCC shall have a written protocol for the use of mechanical restraints which includes, but is not limited to:
    (1)   Criteria to be met prior to authorizing the use of mechanical restraints;
    (2)   Signature of the licensed physician authorizing use is required;
    (3)   Time limit of said authorizations;
    (4)   Circumstances which automatically terminate an authorization;
    (5)   Setting a time period, not to exceed every fifteen (15) minutes, an individual in mechanical restraints shall be observed and checked by a designated staff under the on-site supervision of a registered nurse;
    (6)   Requiring in every use of mechanical restraints documentation the specific reason for such use, the actual start and stop times of use, authorizing licensed CBSCC physician signature, and record of times the consumer was observed and checked and by whom;
    (7)   A chronological log including the name of every consumer placed in mechanical restraints, and the occurrence date. In accordance with 43 A O.S. § 4-106, the CBSCC director, or designee shall be responsible for insuring compliance with record keeping mandates;
    (8)   A process of peer review to evaluate use of mechanical restraints; and
    (9)   The items listed in (1) through (6) of this rule shall be made a part of the consumer record.
    (c)   Compliance with 450:23-3-6 shall be determined by on-site observation and a review of the following: CBSCC policy and procedures; the mechanical restraint log; seclusion and restraint logs; clinical record; critical incident reports; and any other supporting CBSCC documentation.
    (d)   Failure to comply with 450:23-3-6 will result in the initiation of procedures to deny, suspend and/or revoke certification.
[Source: Added at 31 Ok Reg 2034, eff 10-1-14]