Providers of ITS services shall:
(1) Adopt policies and procedures for
emergency safety interventions as part of a crisis prevention and intervention
policy. The policy shall be consistent with the provider's trauma-informed
services policies and procedures.
(2) Inform the individual and their parent or
guardian of the provider's policy regarding the use of personal restraint and
seclusion during an emergency safety situation by both furnishing a written
copy of the policy and providing an explanation in the individual's primary
language that is developmentally appropriate.
(3) Obtain a written acknowledgment from the
parent or guardian that they are informed of the provider's policies and
procedures regarding the use of personal restraint and seclusion.
(4) Prohibit the use of mechanical restraint,
chemical restraint and prone restraints.
(5) Prohibit the use of supine restraints
unless licensed as a SCIP or SAIP program.
(6) Establish an emergency safety
interventions committee or designate this function to an already established
quality assessment and performance improvement committee. Committee membership
shall minimally include a program staff with designated clinical leadership
responsibilities, the person responsible for staff training in crisis
intervention procedures, and other clinical personnel not directly responsible
for authorizing the use of emergency safety interventions. The committee shall:
(a) Monitor the use of emergency safety
interventions to assure that individuals are safe-guarded and their rights are
always protected;
(b) Meet at least
monthly and shall report in writing to the provider's quality assessment and
performance improvement committee at least quarterly regarding the committee's
activities, findings, and recommendations;
(c) Analyze emergency safety interventions to
determine opportunities to prevent their use, increase the use of alternatives,
improve the quality of care and safety of individuals receiving services, and
recommend whether follow up action is needed;
(d) Review and update emergency safety
intervention policies and procedures annually;
(e) Conduct individual and aggregate review
of all incidents of personal restraint and seclusion; and
(f) Report the aggregate number of personal
restraints and incidents of seclusion to the Division within 30 days of the end
of each calendar quarter.
Notes
Or. Admin. Code
§
309-022-0170
MHS 8-2013(Temp), f.
8-8-13, cert. ef. 8-9-13 thru 2-5-14; MHS 5-2014, f. & cert. ef. 2-3-14;
BHS 16-2018, temporary amend filed 07/17/2018, effective 08/01/2018 through
01/27/2019;
BHS
24-2018, amend filed 12/27/2018, effective
1/25/2019;
BHS
4-2023, amend filed 01/27/2023, effective
2/1/2023
Statutory/Other Authority: ORS
161.390,
413.042,
430.256,
426.490 -
426.500,
428.205 -
428.270,
430.640 &
443.450
Statutes/Other Implemented: ORS
109.675,
161.390 -
161.400,
179.505,
413.520 -
413.522,
426.380 -
426.395,
426.490 -
426.500,
430.010,
430.205 -
430.210,
430.240 -
430.640,
430.850 -
430.955,
443.400 -
443.460 &
443.991
