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CAN A PERSON BE TIED TO A CHAIR DUE TO A FEAR THAT HE/SHE MIGHT
WANDER AWAY FROM A NURSING HOME?
A resident has the right to be free from "any physical or chemical
restraint imposed for purposes of discipline or convenience and not
required to treat the resident's medical symptoms." (Sec. 483.l3 of
Title 42 of the Code of Federal Regulations).
The term "physical restraint" includes (among other things) vest
restraints, hand mitts, seat belts, bed rails, and chairs that are
angled to prevent the resident from getting out. (Surveyors Guideline
to Sec. 483.l3(a) of Title 42 of the Code of Federal Regulations,
Appendix PP to CMS State Operations Manual.
A restraint can be imposed only "to ensure the physical safety of the
resident or other residents, and (except in an emergency,) only upon
written order of a physician that specifies the duration and
circumstances under which the restraints are to be used." Secs.
1395i-3(c)(l)(A)(ii) and 1396r(c)(l)(A)(ii) of Title 42 of the United
States Code.
Although the law recognizes the use of restraints to protect
residents, it has also been found that the use of such restraints
ironically increases the number of falls, and/or the severity of
injury in the falls that occur.
Our office helps people find the type of long-term care they deserve,
while preserving their assets within the context of the law. We are
available for in-house workshops, for your staff, on the subject of
long-term care planning.
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