- (a) All patients have the right to be free from restraint or seclusion, of any form, imposed as a means of coercion, discipline, convenience, or retaliation by staff. Restraint or seclusion may only be imposed to ensure the immediate physical safety of the patient, a staff member, or others and must be discontinued at the earliest possible time.
- (b) A limited services rural hospital (LSRH) may only use restraint or seclusion when less restrictive interventions have been determined to be ineffective to protect the patient, a staff member, or others from harm.
- (c) The type or technique of restraint or seclusion used must be the least restrictive intervention that will be effective to protect the patient, a staff member, or others from harm.
- (d) The LSRH shall have written policies and procedures regarding the use of restraint and seclusion that are consistent with current standards of practice.
- (e) An LSRH may only seclude a patient for the management of violent or self-destructive behavior.
(f) The patient has the right to safe implementation of restraint or seclusion by trained staff.
- (1) The LSRH shall provide patient-centered competency-based training and education on the use of restraint and seclusion to LSRH personnel and staff, including medical staff and, as applicable, personnel providing contracted services in the LSRH.
- (2) The training must include de-escalation techniques and other alternatives to the use of restraint or seclusion.
- (g) An LSRH shall comply with the restraint and seclusion documentation and reporting requirements under Code of Federal Regulations Title 42 §485.534(g).
Source Note:The provisions of this §511.78 adopted to be effective October 5, 2023, 48 TexReg 5668.