§ 42-72.9-4 - Use of restraints.
SECTION 42-72.9-4
§ 42-72.9-4 Use of restraints. – (a) No service provider may use a life threatening physical restraint on anychild at any time. This section shall not be construed as limiting any defenseto a criminal prosecution for the use of deadly physical force that may beavailable in the general laws.
(b) After January 1, 2001, no service provider shalladminister a restraint on a child unless trained in accordance with theprovisions of this chapter.
(c) No service provider shall administer a physical,mechanical, or chemical restraint on a child, unless the following conditionsare met:
(1) A service provider in a covered facility may imposerestraints only to prevent immediate or imminent risk of harm to the physicalsafety of the child, staff, or other individuals in the facility. Restraintsshall be removed at the earliest possible time that the child can commit tosafety and no longer poses a threat to himself or herself or others;
(2) The use of mechanical restraints on children and youthmust be administered in strict accordance with policies developed by theservice provider and is limited to those covered facilities granted specificauthority to use mechanical restraint methods by their respective statelicensing authorities after review and approval of their policies. The use ofmechanical restraints at the Rhode Island training school for youth will begoverned exclusively by rules and regulations promulgated by DCYF in accordancewith § 42-72.9-9 on or before January 1, 2001;
(3) A physical, mechanical, or chemical restraint may be usedonly when less restrictive interventions have not succeeded in de-escalating asituation in which the child's and/or other's safety is at risk;
(4) Except in the case of an emergency, any use of restrainton a child in the school program of a covered facility must be in accordancewith the child's individual education program;
(5) Any use of restraint on a child must be in accordancewith safe and appropriate restraining techniques and be administered only byservice providers that have both initial and ongoing education and training inthe proper and safe use of restraints as established by nationally recognizedtraining programs;
(6) The use of chemical restraints on children and youth mustbe administered in strict accordance with policies developed by the serviceprovider and is limited to those covered facilities granted specific authorityto use chemical restraints by their respective state licensing authoritiesafter review and approval of their policies. All chemical restraints must beordered, in writing, by a physician and administered in accordance with thestandards adopted by the joint commission on accreditation of healthcareorganizations (JCAHO);
(7) The condition of the child in a restraint must becontinually assessed, monitored, and reevaluated and the restriction of patientchild movement or activity by restraint must be ended at the earliest possibletime, considering the physical safety of the child being restrained and otherindividuals in the facility. For the purposes of this section, "monitor" means(i) direct observation, or (ii) observation by way of video monitoring withinphysical proximity sufficient to provide aid as may be needed;
(8) Restraints may not be written as a standing order or on"as needed" (PRN) basis; and
(9) All restraints must be recorded by the individualsadministering the restraints and reviewed by supervisory personnel as soon aspracticable but no later than forty-eight (48) hours after the restraint wasadministered.