N.J. Admin. Code § 8:40-4.10

Current through Register Vol. 56, No. 12, June 17, 2024

Section 8:40-4.10 - Physical behavioral restraints

(a) Patients shall not be placed and/or transported in physical behavioral restraints unless:

1. A physician or court has authorized the placement of the restraints;

2. The patient is in the custody of a law enforcement officer; or

3. The medical condition of the patient mandates transportation to, and treatment at, a health care facility, and the patient manifests such a degree of behavior that he or she:

i. Poses serious physical danger to himself or herself or to others; or

ii. Causes serious disruption to ongoing medical treatment that is necessary to sustain his or her life or to prevent disability.

(b) A patient placed in physical behavioral restraints shall not remain restrained for a period greater than one hour unless:

1. A physician or court has authorized the utilization of the restraints for longer than one hour; or

2. The patient is personally accompanied by a law enforcement officer.

(c) Physical behavioral restraints shall not be of a type, or utilized in a manner, that causes undue physical discomfort, harm or pain to a patient. Hard restraints, such as handcuffs, are specifically prohibited unless the law enforcement officer who applied the hard restraints or handcuffs personally accompanies the patient. A patient placed in any type of restraint shall be closely monitored to ensure that his or her airway is not compromised in any way. In no circumstance shall a patient be placed prone (that is, face-down) on a stretcher while in restraints.

(d) The rationale for placing and/or transporting a patient in physical behavioral restraints, and the type of restraints utilized, shall be clearly stated in the patient care report.

N.J. Admin. Code § 8:40-4.10