N.J. Admin. Code § 10:42-3.1

Current through Register Vol. 56, No. 23, December 2, 2024

Section 10:42-3.1 - Application to use mechanical restraint

(a) Each facility or service provider requesting approval to utilize mechanical restraints shall submit comprehensive written procedures governing the use of restraint to the Behavior Policy Review Committee. Approval or disapproval of an entity's procedures shall be based on the facility, program, or provider's ability to safely and appropriately implement the procedures, as well as provide staff training.

(b) The procedure submitted shall include the following:

1. A statement specifically identifying the forms of mechanical restraint to be used and the number of trained staff that shall be available to apply restraints;

2. Identification of the training curriculum to be followed, with diagrams, photographs, or graphs, and a narrative description providing instructions for the safe application of each mechanical restraint;

3. Identification of the trainers' qualifications;

4. A statement that authorizing personnel meet the requirements of this chapter and have been so designated by the executive director or CEO;

5. A statement that staff who may need to use mechanical restraints have been trained in accordance with this chapter and receive at least an annual assessment of competence and retraining as necessary. The facility or service provider must maintain documentation of such training and assessment;

6. A statement that continual observation by staff and documented checks at 15-minute intervals, consistent with this chapter, shall be required for the use of mechanical restraints;

7. A statement requiring immediate medical attention in response to injury or physical distress that occurs during the use of a mechanical restraint;

8. A process for analyzing and reviewing the use of mechanical restraints for the purpose of reducing reliance upon mechanical restraints;

9. Statements indicating that any application of approved mechanical restraints that results in injury or is at variance with an agency's Division-approved curriculum or procedure shall be reported as an unusual incident. If determined necessary:

i. The staff member shall be retrained and shall demonstrate that he or she can safely apply the mechanical restraint before being allowed to again use that restraint; and

ii. Disciplinary action shall be taken if the actions were abusive or neglectful.

10. Statements indicating that the legal guardian or parent, as applicable, shall be advised by telephone or preferred method of communication within 24 hours of an emergency use of a mechanical restraint not provided for in a behavior support plan; and

11. Provisions for addressing the emotional needs of the individual(s) and staff involved in the use of a mechanical restraint. If an individual's behavior support plan or service plan specifies how their emotional needs shall be addressed, these shall be followed.

N.J. Admin. Code § 10:42-3.1

Amended by 46 N.J.R. 2149(b), effective 11/3/2014.