§ 122C-60. Use of physical restraints or seclusion.
§ 122C‑60. Use ofphysical restraints or seclusion.
(a) Physical restraintor seclusion of a client shall be employed only when there is imminent dangerof abuse or injury to the client or others, when substantial property damage isoccurring, or when the restraint or seclusion is necessary as a measure oftherapeutic treatment. For purposes of this section, a technique to reenact thebirthing process as defined by G.S. 14‑401.21 is not a measure oftherapeutic treatment. All instances of restraint or seclusion and the detailedreasons for such action shall be documented in the client's record. Each clientwho is restrained or secluded shall be observed frequently, and a writtennotation of the observation shall be made in the client's record.
(a1) A facility thatemploys physical restraint or seclusion of a client shall collect data on theuse of the restraints and seclusion. The data shall reflect for each incidence,the type of procedure used, the length of time employed, alternativesconsidered or employed, and the effectiveness of the procedure or alternativeemployed. The facility shall analyze the data on at least a quarterly basis tomonitor effectiveness, determine trends, and take corrective action wherenecessary. The facility shall make the data available to the Secretary uponrequest. Nothing in this subsection abrogates State or federal law orrequirements pertaining to the confidentiality, privilege, or other prohibitionagainst disclosure of information provided to the Secretary under this subsection.In reviewing data requested under this subsection, the Secretary shall adhereto State and federal requirements of confidentiality, privilege, and otherprohibitions against disclosure and release applicable to the informationreceived under this subsection.
(a2) Facilities shallimplement policies and practices that emphasize the use of alternatives tophysical restraint and seclusion. Physical restraint and seclusion may beemployed only by staff who have been trained and have demonstrated competencein the proper use of and alternatives to these procedures. Facilities shallensure that staff authorized to employ and terminate these procedures areretrained and have demonstrated competence at least annually.
(b) The Commissionshall adopt rules to implement this section. In adopting rules, the Commissionshall take into consideration federal regulations and national accreditationstandards. Rules adopted by the Commission shall include:
(1) Staff training andcompetence in:
a. The use of positivebehavioral supports.
b. Communicationstrategies for defusing and deescalating potentially dangerous behavior.
c. Monitoring vitalindicators.
d. Administration ofCPR.
e. Debriefing withclient and staff.
f. Methods fordetermining staff competence, including qualifications of trainers and trainingcurricula.
g. Other areas toensure the safe and appropriate use of restraints and seclusion.
(2) Other mattersrelating to the use of physical restraint or seclusion of clients necessary toensure the safety of clients and others.
The Department may investigatecomplaints and inspect a facility at any time to ensure compliance with thissection. (1973,c. 475, s. 1; 1985, c. 589, s. 2; 2000‑129, s. 1; 2003‑205, s. 2.)