§ 43A-4-106. Mechanical restraints - Record.  


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  • A.  Mechanical restraints shall not be applied to a consumer unless:

    1.  It is determined by a physician or physician’s assistant to be required by the medical needs of the consumer; or

    2.  An emergency situation arises and a mechanical restraint is necessary for the safety of the individual or others.  The mechanical restraint may be applied after obtaining a verbal order of a physician or physician’s assistant as long as the physician or physician’s assistant personally examines the consumer within one (1) hour after the restraint is applied.

    B.  No mechanical restraint shall be continued for longer than is absolutely necessary under the circumstances.  Every use of a mechanical restraint, the reasons and length of time, shall be made a part of the clinical record of the consumer under the signature of the physician.

Added by Laws 1953, p. 171, § 92, emerg. eff. June 3, 1953.  Amended by Laws 1977, c. 145, § 9, emerg. eff. June 3, 1977.  Renumbered from § 92 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986.  Amended by Laws 2003, c. 46, § 30, emerg. eff. April 8, 2003; Laws 2005, c. 150, § 28, emerg. eff. May 9, 2005; Laws 2007, c. 130, § 9, eff. Nov. 1, 2007.