The Patients’ Rights CoP establishes, among other things, a reporting

requirement for all hospital deaths associated with the use of restraint

or seclusion for behavior management (42 CFR § 482.13(f)(7)). The term

restraint includes either a physical restraint or a drug used as a

restraint. A physical restraint is any manual method or device used to

restrict freedom of movement or access to one’s body. A drug used as a

restraint is a medication that is used to control behavior or restrict

movement, which is not standard treatment for a patient’s medical or

psychiatric condition.§

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Paul Parks, Parks Medical-Legal Consulting | Attorney Advertising

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