Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 51 Pa.B. 676 (January 30, 2021).

55 Pa. Code § 2390.177. Prohibited procedures.

§ 2390.177. Prohibited procedures.

 The following procedures are prohibited:

   (1)  Seclusion, defined as involuntary confinement of a client in a room or area from which the client is physically prevented or verbally directed from leaving. Seclusion includes physically holding a door shut or using a foot pressure lock.

   (2)  Aversive conditioning, defined as the application of startling, painful or noxious stimuli.

   (3)  Pressure-point techniques, defined as the application of pain for the purpose of achieving compliance. A pressure-point technique does not include a clinically-accepted bite release technique that is applied only as long as necessary to release the bite.

   (4)  A chemical restraint, defined as use of a drug for the specific and exclusive purpose of controlling acute or episodic aggressive behavior. A chemical restraint does not include a drug ordered by a health care practitioner or dentist for the following use or event:

     (i)   Treatment of the symptoms of a specific mental, emotional or behavioral condition.

     (ii)   Pretreatment prior to a medical or dental examination or treatment.

     (iii)   An ongoing program of medication.

     (iv)   A specific, time-limited stressful event or situation to assist the client to control the client’s own behavior.

   (5)  A mechanical restraint, defined as a device that restricts the movement or function of a client or portion of a client’s body. A mechanical restraint includes a geriatric chair, a bedrail that restricts the movement or function of the client, handcuffs, anklets, wristlets, camisole, helmet with fasteners, muffs and mitts with fasteners, restraint vest, waist strap, head strap, restraint board, restraining sheet, chest restraint and other similar devices. A mechanical restraint does not include the use of a seat belt during movement or transportation. A mechanical restraint does not include a device prescribed by a health care practitioner for the following use or event:

     (i)   Post-surgical or wound care.

     (ii)   Balance or support to achieve functional body position, if the client can easily remove the device or if the device is removed by a staff person immediately upon the request or indication by the client, and if the individual plan includes periodic relief of the device to allow freedom of movement.

     (iii)   Protection from injury during a seizure or other medical condition, if the client can easily remove the device or if the device is removed by a staff person immediately upon the request or indication by the client, and if the individual plan includes periodic relief of the device to allow freedom of movement.

Authority

   The provisions of this §  2390.177 issued under sections 201(2), 403(b), 403.1(a) and (b), 911 and 1021 of the Human Services Code (62 P.S. § §  201(2), 403(b), 403.1(a) and (b), 911 and 1021); and section 201(2) of the Mental Health and Intellectual Disability Act of 1966 (50 P.S. §  4201(2)).

Source

   The provisions of this §  2390.177 adopted October 4, 2019, effective in 120 days, 49 Pa.B. 5777.



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