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What is considered a restraint in a nursing home?

3 min read

According to federal law, nursing home residents have the right to be free from unnecessary physical or chemical restraints, a right protected since the 1987 Nursing Home Reform Act. This article clarifies what is considered a restraint in a nursing home, examining the legal definitions and a range of items and practices that qualify.

Quick Summary

This guide provides a comprehensive overview of what constitutes a restraint in a nursing home, covering both physical devices and chemical agents. It outlines federal regulations, resident rights, and illegal practices related to restraint usage.

Key Points

  • Federal Definition: A restraint is any device or method, physical or chemical, that a resident cannot easily remove and that restricts their freedom of movement.

  • Not for Convenience: Using restraints for staff convenience, discipline, or due to understaffing is illegal and a form of abuse or neglect.

  • Medical Necessity Only: Restraints are legally permitted only when required to treat a documented medical symptom, with a doctor's order and informed consent.

  • Physical and Chemical: Restraints include physical devices like vests, bedrails, and lap trays, as well as chemical agents (drugs) used to control behavior inappropriately.

  • Alternatives Must Be Explored: Facilities are legally required to try less restrictive alternatives before resorting to restraints, such as environmental modifications or personalized care plans.

  • Intent Matters: The use of a device, rather than the device itself, determines if it is a restraint. A side rail, for instance, can be a mobility aid for one person but a restraint for another.

In This Article

Defining a Restraint in Long-Term Care

A restraint in a nursing home is defined by federal regulations as any method that restricts a resident's freedom of movement or access to their body, which they cannot easily remove. The critical factors are the resident's inability to remove the item and the restriction of movement. Whether a device is a restraint depends on its purpose and the resident's specific situation; a device could be a mobility aid for one person but a restraint for another. The use of restraints is strictly regulated due to the potential for negative impacts on residents' physical and psychological health, such as muscle weakness, pressure sores, agitation, and loss of dignity. Regulations emphasize restraint-free care and permit restraints only in specific, medically necessary circumstances.

Types of Restraints

Restraints in nursing homes are categorized as either physical or chemical.

Physical Restraints

Physical restraints involve mechanical or manual methods to limit movement. Examples include bedrails that prevent a resident from leaving the bed, lap trays used to keep someone in a chair if they cannot remove it, vest restraints, and soft ties or mitts that restrict limb movement or prevent residents from interfering with medical devices. Even actions like placing wheelchairs against walls or tucking bedding too tightly can be considered physical restraints if they restrict a resident's ability to move freely.

Chemical Restraints

Chemical restraints involve using psychopharmacologic drugs to control a resident's behavior for staff convenience or discipline, rather than for a documented medical purpose. Administering sedatives or other psychoactive medications to manage behavior or workload is an illegal chemical restraint. This differs from appropriately prescribed medication for a diagnosed medical condition with informed consent.

Legal vs. Illegal Restraint Use

The use of restraints in nursing homes is highly regulated. The table below outlines the differences between legal and illegal restraint use:

Criteria Legal Use Illegal Use
Purpose Required to treat a specific, documented medical symptom. May be used briefly in an emergency for resident or staff safety. Used for staff convenience, discipline, punishment, or retaliation.
Authorization Requires a physician's order detailing the specific medical symptoms and circumstances warranting restraint use. Used without a physician's order or for non-medical reasons.
Consent Informed consent must be obtained from the resident or their legal representative. Used without consent or over the resident's objection.
Alternatives The facility must first demonstrate that less restrictive alternatives were tried and failed. The facility fails to explore or utilize alternatives to restraints.
Duration Used for the minimum necessary time to treat the medical symptom. Used for prolonged periods without re-evaluation.

Alternatives to Restraints

The current standard in long-term care is restraint-free practice, focusing on alternatives to ensure resident safety and well-being by addressing the root cause of behaviors.

Alternatives include:

  • Personalized Care: Tailoring care plans to meet individual needs, such as activity or social interaction preferences.
  • Environmental Modifications: Creating a safer space with features like low beds, floor mats, and improved lighting.
  • Assistive Devices: Utilizing aids like trapezes for mobility or positioning devices for comfort.
  • Behavioral Interventions: Employing strategies like redirection, soothing music, or adjusting routines.
  • Increased Monitoring and Engagement: Enhancing staff presence, conducting frequent checks, and providing engaging activities.

Conclusion

Understanding what is considered a restraint in a nursing home is vital for protecting residents' rights and dignity. Federal and state regulations strictly prohibit using restraints for convenience or punishment, mandating that any use be medically necessary and properly authorized. Families and residents should be aware of these rules and the available alternatives. If concerns arise about inappropriate restraint use, it's important to contact the facility, a local Ombudsman program, or the state's Department of Public Health.

For more information on federal regulations regarding restraint use, refer to the CMS policy on restraint use.

Frequently Asked Questions

Yes, bedrails are considered a restraint if they prevent a resident from voluntarily and easily getting out of bed. The same bedrail, however, may not be a restraint if a resident uses it to reposition themselves and can exit the bed freely.

A chemical restraint is a psychopharmacologic drug used to control a resident's behavior for staff convenience or discipline, rather than for the treatment of a specific, diagnosed medical symptom. Using medication to make residents more docile is an illegal practice.

A lap tray is considered a restraint if it is used to prevent a resident from rising from their chair and the resident cannot easily remove it themselves. If the resident can remove the tray, it is not a restraint.

Restraints can cause serious physical issues, including muscle weakness, poor circulation, and pressure sores, as well as psychological distress such as agitation, depression, withdrawal, and a loss of dignity and autonomy.

No. Restraints must be medically necessary to treat a documented symptom. A facility cannot legally use restraints for convenience or discipline, even with family approval, as this would violate federal regulations.

Federal regulations require facilities to explore less restrictive alternatives before using a restraint. These can include personalized care plans, environmental modifications like low beds, and behavioral interventions.

If you suspect improper restraint use, you should first address your concerns with the facility. If unresolved, you can contact your state's Department of Public Health, Licensing and Certification, or the local Long-Term Care Ombudsman Program for assistance.

References

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Medical Disclaimer

This content is for informational purposes only and should not replace professional medical advice. Always consult a qualified healthcare provider regarding personal health decisions.