N.H. Admin. Code § Cor 502.03 - Medical Use of Restraints

(a) An emergency response shall include use of restraints only to the extent authorized by this section
(b) Restraints shall:
(1) Not be imposed longer than is necessary to resolve a personal safety emergency regardless of the length of the time identified in the order; and
(2) Not exceed 2 hours unless there is documented authorization by a physician or APRN.
(c) Restraints shall be used only as a last resort when no other intervention in an emergency situation is feasible to protect the immediate safety of the resident or others.
(d) Restraints shall never be used explicitly or implicitly as punishment for the behavior of the resident.
(e) Residents in restraints shall be afforded privacy through practices including:
(1) The use of a single room;
(2) Minimizing external stimuli such as noise, nearby movement, and approaches by other residents; and
(3) Continuous staff observation to assure the conditions in (2) above are met.
(f) Authorization for the use of restraints shall be as follows:
(1) A physician or APRN may write an order for the use of restraints; or
(2) A physician or APRN may authorize the use of restraints via telephone when the order:
a. Follows deliberate and comprehensive consultation between the physician or APRN and a trained APRN or registered nurse (RN) who has personally evaluated the resident by reviewing:
1. The assessments of the resident that have been performed;
2. The safety issues involved; and
3. The potential antecedents to the restraint(s);
b. Is for a period not to exceed 2 hours; and
c. Is countersigned by the ordering physician or APRN within 24 hours of the time such treatment was ordered.
(g) A physician or APRN may authorize in writing, or verbally by telephone, the extension of an order of restraint(s) if he or she, or a trained APRN or registered nurse (RN), has personally examined, observed, and assessed the resident for whom the seclusion or restraint is ordered.
(h) Following an examination and assessment as required by (g) above such authorization shall expire unless it is renewed by telephone order for an additional 4 hours. Any further extensions of restraints shall require a personal examination or observation by a physician or APRN.
(i) If the condition of the resident does not improve to meet the criteria for termination, the physician or APRN may renew the order as specified in (h) above, provided that no resident shall remain in restraints for more than 24 hours from the time such procedure was initiated unless a physician or APRN personally examines, observes, and assesses the resident and renews the order in writing.
(j) Staff shall continually monitor the individual during periods of restraint to ensure that:
(1) In the judgment of the staff, all reasonable measures are in place to ensure that the resident's health and safety is protected during the period of restraint;
(2) The resident receives meals and regular opportunities to move and to utilize the bathroom;
(3) All other basic physiological needs are identified and met; and
(4) The restraint is discontinued as soon as the resident's status or condition has improved to the extent that a personal safety emergency no longer exists, regardless of the length of time identified in the order.
(k) Only during incidents requiring immediate action shall restraints be utilized without the authorization of a physician or APRN.

Notes

N.H. Admin. Code § Cor 502.03
Derived from Volume XXXIX Number 24, Filed June 13, 2019, Proposed by #12793, Effective 5/25/2019, Expires 5/25/2029.

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