630.175. Physical and chemical restraints prohibited, exceptions--security escort devices and certain extraordinary measures not considered physical restraint.
Physical and chemical restraints prohibited, exceptions--securityescort devices and certain extraordinary measures not consideredphysical restraint.
630.175. 1. No person admitted on a voluntary or involuntary basisto any mental health facility or mental health program in which people arecivilly detained pursuant to chapter 632, RSMo, and no patient, resident orclient of a residential facility or day program operated, funded orlicensed by the department shall be subject to physical or chemicalrestraint, isolation or seclusion unless it is determined by the head ofthe facility or the attending licensed physician that the chosenintervention is imminently necessary to protect the health and safety ofthe patient, resident, client or others and that it provides the leastrestrictive environment.
2. Every use of physical or chemical restraint, isolation orseclusion and the reasons therefor shall be made a part of the clinicalrecord of the patient, resident or client under the signature of the headof the facility or the attending licensed physician.
3. Physical or chemical restraint, isolation or seclusion shall notbe considered standard treatment or habilitation and shall cease as soon asthe circumstances causing the need for such action have ended.
4. The use of security escort devices, including devices designed torestrict physical movement, which are used to maintain safety and securityand to prevent escape during transport outside of a facility shall not beconsidered physical restraint within the meaning of this section.Individuals who have been civilly detained under sections 632.300 to632.475, RSMo, may be placed in security escort devices when transportedoutside of the facility if it is determined by the head of the facility orthe attending licensed physician that the use of security escort devices isnecessary to protect the health and safety of the patient, resident,client, or other persons or is necessary to prevent escape. Individualswho have been civilly detained under sections 632.480 to 632.513, RSMo, orcommitted under chapter 552, RSMo, shall be placed in security escortdevices when transported outside of the facility unless it is determined bythe head of the facility or the attending licensed physician that securityescort devices are not necessary to protect the health and safety of thepatient, resident, client, or other persons or is not necessary to preventescape.
5. Extraordinary measures employed by the head of the facility toensure the safety and security of patients, residents, clients, and otherpersons during times of natural or man-made disasters shall not beconsidered restraint, isolation, or seclusion within the meaning of thissection.
(L. 1980 H.B. 1724, A.L. 1996 S.B. 884 & 841, A.L. 2008 S.B. 1081)