(a)

1. (1) A provider cannot use a restraint on a beneficiary unless the restraint is required as an emergency safety intervention.

2. (2) An emergency safety intervention is required when:

   1. (A) An immediate response with a restraint is required to address an unanticipated beneficiary behavior; and
   2. (B) The beneficiary’s behavior places the beneficiary or others at serious threat of harm if no intervention occurs.
3. (3) The use of seclusion for a beneficiary is strictly prohibited.

4. (4) The use of the following types of restraints on a beneficiary are strictly prohibited:

   1. (A) Mechanical restraint; and
   2. (B) Chemical restraint.

(b) If a provider uses a restraint, the provider must:

1. (1) Comply with the use of the restraint as prescribed by the beneficiary’s:

   1. (A) Behavioral prevention and intervention plan, if applicable; and
   2. (B) Positive behavior support plan, if applicable;
2. (2) Continuously monitor the beneficiary during the entire use of the restraint; and
3. (3) Maintain in-person visual and auditory observation of the beneficiary by an employee during the entire use of the restraint.

(c)

1. (1) A provider must document each use of a restraint whether the use was permitted or not.

2. (2) The documentation must include at least the following:

   1. (A) The behavior precipitating the use of the restraint;
   2. (B) The length of time the restraint was used;
   3. (C) The name of the individual that authorized the use of the restraint;
   4. (D) The names of all individuals involved in the use of the restraint; and
   5. (E) The outcome of the use of the restraint.