59-2977. Restraints; seclusion. - Kansas Statutes

59-2977

Chapter 59.--PROBATE CODE Article 29.--CARE AND TREATMENT FOR MENTALLY ILL PERSONS

      59-2977.   Restraints; seclusion.(a) Restraints or seclusion shall not beapplied to a patient unless it is determined by the head of thetreatment facility or a physician or psychologist to be necessaryto prevent immediate substantial bodily injury to the patient or othersand that other alternative methods to prevent such injury are not sufficientto accomplish this purpose. Restraint or seclusion shall never be used as apunishment or for the convenience of staff.The extent of the restraint or seclusion applied to the patientshall be the least restrictive measure necessary to prevent suchinjury to the patient or others, and the use of restraint orseclusion in a treatment facility shall not exceed 3 hourswithout medical reevaluation, except that such medicalreevaluation shall not be required, unless necessary, between thehours of 12:00 midnight and 8:00 a.m. When restraints orseclusion are applied, there shall be monitoring of the patient'scondition at a frequency determined by the treating physician orpsychologist, which shall be no less than once per each 15minutes. The head of the treatment facility or a physician orpsychologist shall sign a statement explaining the treatmentnecessity for the use of any restraint or seclusion and shallmake such statement a part of the permanent treatment record ofthe patient.

      (b)   The provisions of subsection (a) shall not prevent, fora period not exceeding 2 hours without review and approvalthereof by the head of the treatment facility or a physician orpsychologist:

      (1)   Staff at the state security hospital from confiningpatients in their rooms when it is considered necessary forsecurity or proper institutional management;

      (2)   the use of such restraints as necessary for a patientwho is likely to cause physical injury to self or others withoutthe use of such restraints;

      (3)   the use of restraints when needed primarily forexamination or treatment or to insure the healing process; or

      (4)   the use of seclusion as part of a treatment methodology that calls fortime out when the patient is refusing to participate in a treatment or hasbecome disruptive of a treatment process.

      (c)   "Restraints" means the application of any devices,other than human force alone, to any part of the body of thepatient for the purpose of preventing the patient from causinginjury to self or others.

      (d)   "Seclusion" means the placement of a patient, alone, ina room, where the patient's freedom to leave is restrictedand where the patient is not under continuous observation.

      History:   L. 1996, ch. 167, § 33; Apr. 18.