North Carolina § 122C-60 - Use of physical restraints or seclusion.

§ 122C-60. Use of physical restraints or seclusion.

Physical restraint or seclusion of a client shall be employed only when there is imminent danger of abuse or injury to the client or others, when substantial property damage is occurring, or when the restraint or seclusion is necessary as a measure of therapeutic treatment. For purposes of this section, a technique to reenact the birthing process as defined by G.S. 14-401.21 is not a measure of therapeutic treatment. All instances of restraint or seclusion and the detailed reasons for such action shall be documented in the client's record. Each client who is restrained or secluded shall be observed frequently, and a written notation of the observation shall be made in the client's record. A facility that employs physical restraint or seclusion of a client shall collect data on the use of the restraints and seclusion. The data shall reflect for each incidence, the type of procedure used, the length of time employed, alternatives considered or employed, and the effectiveness of the procedure or alternative employed. The facility shall analyze the data on at least a quarterly basis to monitor effectiveness, determine trends, and take corrective action where necessary. The facility shall make the data available to the Secretary upon request. Nothing in this subsection abrogates State or federal law or requirements pertaining to the confidentiality, privilege, or other prohibition against disclosure of information provided to the Secretary under this subsection. In reviewing data requested under this subsection, the Secretary shall adhere to State and federal requirements of confidentiality, privilege, and other prohibitions against disclosure and release applicable to the information received under this subsection. Facilities shall implement policies and practices that emphasize the use of alternatives to physical restraint and seclusion. Physical restraint and seclusion may be employed only by staff who have been trained and have demonstrated competence in the proper use of and alternatives to these procedures. Facilities shall ensure that staff authorized to employ and terminate these procedures are retrained and have demonstrated competence at least annually. The Commission shall adopt rules to implement this section. In adopting rules, the Commission shall take into consideration federal regulations and national accreditation standards. Rules adopted by the Commission shall include: Staff training and competence in: The use of positive behavioral supports. Communication strategies for defusing and deescalating potentially dangerous behavior. Monitoring vital indicators. Administration of CPR. Debriefing with client and staff. Methods for determining staff competence, including qualifications of trainers and training curricula. Other areas to ensure the safe and appropriate use of restraints and seclusion. Other matters relating to the use of physical restraint or seclusion of clients necessary to ensure the safety of clients and others. The Department may investigate complaints and inspect a facility at any time to ensure compliance with this section. History (1973, c. 475, s. 1; 1985, c. 589, s. 2; 2000-129, s. 1; 2003-205, s. 2.) Editor's Note. - The preamble to Session Laws 2003-205, provides: "Whereas, United States Representative Sue Myrick, a member of the North Carolina congressional delegation, introduced House Concurrent Resolution 435 in Congress encouraging states to outlaw 'rebirthing'; and "Whereas, the United States Congress adopted House Concurrent Resolution 435, which passed the House of Representatives by a vote of 397-0; and "Whereas, in House Concurrent Resolution 435, the United States Congress expressed the sense that the technique known as 'rebirthing', a form of 'attachment therapy', is a dangerous and harmful practice and should be prohibited; and "Whereas, on April 18, 2000, Candace Newmaker, a child from North Carolina, died from use of the 'rebirthing technique', and four other children have died from other forms of 'attachment therapy'; and "Whereas, the American Psychological Association does not recognize 'rebirthing' as proper treatment; Now, therefore, "The General Assembly of North Carolina enacts:"