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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 52 Pa.B. 2550 (April 23, 2022).

55 Pa. Code § 13.3. Policy.

§ 13.3. Policy.

 (a)  Restraints shall be employed only when necessary to protect the patient/resident from injuring himself or others, or to promote normal body positioning and physical functioning.

 (b)  Restraints shall not be employed as punishment, for the convenience of staff, as a substitute for program, or in any way that interferes with the treatment program. Restraints shall not be applied unless other available techniques or resources have failed, and the least possible restrictions shall be used.

 (c)  Individual program plans, developed for patients/residents in accordance with applicable statutes and regulations, shall have goals and methods aimed at treating and eliminating behavior necessitating the use of restraints. Efforts shall similarly be made by employes to reduce the need for restraints by utilizing therapeutic approaches such as goal planning aimed at redirecting and releasing aggression through healthy channels, counseling, and withdrawing a patient/resident from an overstimulating environment.

 (d)  The Superintendent/Director is administratively responsible for insuring that restraints are imposed only in accordance with this chapter. The Superintendent/Director is responsible for insuring that employes shall know specific procedures, methods and steps to follow in instituting this chapter and that they are familiar with this chapter and the criteria for their application.

 (e)  Each institution must prepare a restraint plan describing specific procedures for use by employes in implementing this chapter. The plan must be submitted through the appropriate Regional Deputy Secretary and Regional Program Commissioner for approval by the Executive Deputy Secretary and appropriate program Deputy Secretary. Each plan shall specifically describe a restraint training program including refresher courses to be offered to employes working with patients/residents. The plan must also include a procedure for monitoring the implementation and application of this chapter. A specific individual or committee may be designated for this purpose.

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