Section 370.3030  Restraints

a)         Neither physical restraints nor confinements shall be employed for the purpose of punishment or for the convenience of any facility personnel.  No physical restraints or confinements shall be employed except as authorized in writing by a physician, clinical psychologist, or a registered nurse with supervisory responsibilities, who documents the need for such restraints or confinements in the resident's clinical record.

b)         Safety devices and time-out periods may be employed only when necessary to prevent a resident from injuring oneself or others. The written authorization shall specify the precise time periods and conditions in which any restraints and confinements shall be employed.

c)         No chemical, medication, or tranquilizer shall be employed by a facility as a restraint or confinement in lieu of or in addition to any physical restraint or confinement.  Such chemicals, medications, or tranquilizers may only be employed as part of a duly prescribed therapeutic medical treatment program authorized by the resident's physician and documented in the resident's clinical record.

d)         No resident shall be subjected to any behavior modification program which utilizes restraints, confinements, or aversive stimuli of any nature unless and until the informed consent of such resident, resident's guardian, or parent of a minor resident has been obtained.