Department of Human Services
Aging and People with Disabilities and Developmental Disabilities - Chapter 411
Division 54
RESIDENTIAL CARE AND ASSISTED LIVING FACILITIES
411-054-0060
Restraints and Supportive Devices
Residential care and assisted living facilities are intended to be restraint free environments.
(1) Restraints are not permitted except when a resident's actions present an imminent danger to self or others and only until immediate action is taken by medical, emergency, or police personnel.
(2) Supportive devices with restraining qualities are permitted under the following documented circumstances, the:
(a) Resident specifically requests or approves of the device and the facility has informed the individual of the risks and benefits associated with the device;
(b) Facility registered nurse, a physical therapist or occupational therapist has conducted a thorough assessment;
(c) Facility has documented other less restrictive alternatives evaluated prior to the use of the device; and
(d) Facility has instructed direct care staff on the correct use and precautions related to use of the device.
(3) Supportive devices with restraining qualities may be utilized for residents who are unable to evaluate the risks and benefits of the device when sections (2)(b), (2)(c) and (2)(d) have been met. As of July 1, 2018 the process as identified in 411-054-0038 for Individually-Based Limitations must be followed for anything that meets the definition of restraint, including, but not limited to, supportive devices with restraining qualities.
(4) Documentation of the use of supportive devices with restraining qualities must be included in the resident service plan and evaluated on a quarterly basis.
Statutory/Other Authority: ORS 410.070 & 443.450
Statutes/Other Implemented: ORS 443.400 - 443.455 & 443.991
History:
APD 19-2018, amend filed 06/29/2018, effective 06/29/2018
APD 35-2017, temporary amend filed 12/30/2017, effective 01/01/2018 through 06/29/2018
APD 30-2017, amend filed 12/01/2017, effective 12/15/2017
APD 17-2017(Temp), f. & cert. ef. 8-1-17 thru 1-27-18
SPD 14-2007, f. 8-31-07, cert. ef. 11-1-07