N.J. Admin. Code § 10:75-3.7

Current through Register Vol. 57, No. 1, January 6, 2025

Section 10:75-3.7 - Mechanical restraint, drug restraint, or seclusion

(a) The resident's treatment team physician shall order the use of mechanical restraint, drug restraint or seclusion, as follows:

1. If someone other than the treatment team physician orders the mechanical or drug restraint or seclusion, the treatment team physician shall be contacted as soon as reasonably possible, but no later than the next regular business day, and shall be informed that the order was placed.

2. For in-State facilities, if the treatment team physician is unavailable, a physician, advance practice nurse, or physician's assistant shall order the use of a restraint or seclusion. Facilities may use on-call staff, per diem staff, consultants or other methods of pooling coverage in order to meet this requirement.

3. Out-of-State facilities providing services to New Jersey Medicaid/NJ FamilyCare beneficiaries shall follow the state Medicaid program requirements of the state in which they are located.

(b) An order for mechanical or drug restraint or seclusion shall not be written as a standing order or on an as-needed (PRN) basis. Each order shall be limited to a period of time which is no longer than necessary to resolve the emergency safety situation.

(c) The order placed shall be for the least restrictive intervention that is the most likely to be effective in resolving the situation, based on consultation with staff.

(d) The ordering practitioner shall provide written orders whenever possible, but may provide verbal orders over the phone under the following conditions:

1. For in-State facilities, the verbal order shall be received by an advance practice nurse, registered nurse, or physician's assistant. Out-of-state facilities shall follow the state Medicaid program requirements of the state in which they are located;

2. The order shall be received while the emergency safety intervention is being initiated by staff or immediately after the emergency safety situation ends.

3. The practitioner giving the order shall be available to the staff, at a minimum by telephone, for consultation throughout the entire period of the intervention; and

4. The practitioner shall, as soon as possible, document, sign and date the verbal order, and the circumstances requiring the order.

(e) The documentation of each order shall include the licensed practitioner's name and title, the date and time the order was obtained, and the emergency safety intervention ordered, including the length or time authorized for its use.

N.J. Admin. Code § 10:75-3.7