Or. Admin. Code § 309-035-0205 - Use of Seclusion or Restraints
(1) The use of seclusion or restraints is
prohibited except in SRTFs with the Division's approval.
(2) A SRTF provider or applicant may submit
an application to the Division for approval to use seclusion or restraints
pursuant to OAR 309-033-0700 through
309-033-0740. Approval by the
Division is based upon the following:
(a) A
determination that the residents served or proposed to be served have a history
of behavioral concerns involving threats to the safety and well-being of
themselves or others;
(b) The
applicant demonstrates that the availability of seclusion or restraints is
necessary to safely accommodate residents who would otherwise be unable to
experience a community residential program; and
(c) The applicant demonstrates an ability to
comply with OAR 309-033-0700 through 0740 and
OAR 309-033-0500 through 0560. These
rules include special requirements for staffing, training, reporting, policies
and procedures, and the setting's physical environment.
(3) Seclusion or restraints may only be used
in an approved SRTF when an emergency occurs in accordance with OAR
309-033-0500 through 0560 and
309-033-0700 through 0740. In
such emergency situations, seclusion and restraint may only be used as a last
resort behavior management option after less restrictive behavior management
interventions have failed, or in the case of an unanticipated behavioral
outburst, to ensure safety within the program. An approved SRTF must implement
policies and procedures approved by the Division outlining the circumstances
under which seclusion or restraints may be used and the preventive measures to
be taken before such use. All incidents involving the use of seclusion or
restraints must be reported to the Division. To use seclusion or restraints
with a resident who is not in state custody under civil commitment proceedings,
the resident must be placed on a hold as outlined in OAR chapter 309, division
033.
Notes
Statutory/Other Authority: ORS 413.042 & 443.450
Statutes/Other Implemented: ORS 413.032, 443.400 - 443.465 & 443.991
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