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§ 131D-10.5A. Collection of data on use of restraints in residential child-care facilities.

§131D‑10.5A.  Collection of data on use of restraints in residential child‑carefacilities.

A residential child‑carefacility that employs physical restraint of a child shall collect data on theuse of the restraint. The data shall reflect for each incidence, the type ofprocedure used, the length of time employed, alternatives considered oremployed, and the effectiveness of the procedure or alternative employed. Thefacility shall analyze the data on at least a quarterly basis to monitoreffectiveness, determine trends, and take corrective action where necessary.The facility shall make the data available to the Department upon request.Nothing in this subsection abrogates State or federal law or requirementspertaining to the confidentiality, privilege, or other prohibition againstdisclosure of information provided to the Department under this subsection. Inreviewing data requested under this subsection, the Department shall adhere toState and federal requirements of confidentiality, privilege, and otherprohibitions against disclosure and release applicable to the informationreceived under this subsection. (2000‑129, s. 2(b).)

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