N.J. Admin. Code § 10:75-3.8

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

Section 10:75-3.8 - Personal restraint

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

1. If someone other than the treatment team physician orders the personal restraint, the treatment team physician shall be contacted as soon as reasonably possible and shall be informed that the order was placed.

2. If the treatment team physician is unavailable, a licensed member of the child's treatment team or other member of the treatment team authorized by the facility to order a personal restraint, shall order the use of a personal restraint. In-State facilities may use on-call or per diem staff; however, the treatment team physician shall be notified as soon as reasonably possible, but no later than the next regular business day.

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 personal restraint 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, a member of the treatment team who is not precluded from receiving such an order and who is permitted by the facility to receive the order, a registered nurse or other licensed staff as permitted by State law, shall receive the verbal order;

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 shall document the circumstances requiring the order.

(e) 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 of time authorized for the use of the intervention.

N.J. Admin. Code § 10:75-3.8