Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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28 Pa. Code § 211.8. Use of restraints.

§ 211.8. Use of restraints.

 (a)  [Reserved].

 (b)  [Reserved].

 (c)  [Reserved].

 (c.1)  If restraints are used, a facility shall use the least restrictive method for the least amount of time to safely and adequately respond to individual resident needs in accordance with the resident’s comprehensive assessment and comprehensive care plan. The following shall apply:

   (1)  When a recurring restraint is ordered, the facility shall document the need for the restraint and the personnel responsible for performing the intervention on each shift.

   (2)  A facility shall document the type of restraint and each time a restraint is used or removed.

   (3)  In determining the least restrictive method for the least amount of time, the following minimums apply:

     (i)   Physical restraints shall be removed at least 10 minutes out of every 2 hours during normal waking hours to allow the resident an opportunity to move and exercise.

     (ii)   During normal waking hours, the resident’s position shall be changed at least every 2 hours.

 (d)  An order from a physician, or physician’s delegee authorized under 42 CFR 483.30(e) (relating to physician services), shall be required for a restraint.

 (e)  The physician, or physician’s delegee authorized under 42 CFR 483.30(e), shall document the reason for the initial restraint order and shall review the continued need for the use of the restraint order by evaluating the resident. If the order is to be continued, the order shall be renewed by the physician, or physician’s delegee authorized under 42 CFR 483.30(e), in accordance with the resident’s total program of care.

 (f)  Every 30 days, or sooner if necessary, the interdisciplinary team shall review and reevaluate the use of all restraints ordered by a physician or physician’s delegee authorized under 42 CFR 483.30(e).

Authority

   The provisions of this §  211.8 amended under sections 102, 201(12), 601, 801.1 and 803 of the Health Care Facilities Act (35 P.S. § §  448.102, 448.201(12), 448.601, 448.801a and 448.803); and section 2102(a) and (g) of The Administrative Code of 1929 (71 P.S. §  532(a) and (g)).

Source

   The provisions of this §  211.8 adopted August 29, 1975, effective September 1, 1975, 5 Pa.B. 2233; amended January 31, 1987, effective July 1, 1987, 17 Pa.B. 514; amended July 23, 1999, effective July 24, 1999, 29 Pa.B. 3999; amended December 23, 2022, effective July 1, 2023, 52 Pa.B. 8098. Immediately preceding text appears at serial page (352795).



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