TITLE 66

STATE CHARITABLE INSTITUTIONS

CHAPTER 3

HOSPITALIZATION OF MENTALLY ILL

66-345.  Restraints and seclusion. Restraints shall not be applied to a patient nor shall a patient be secluded unless it is determined that such restraint or seclusion is necessary for the patient’s safety or for the safety of others. Every instance of a restraint or seclusion of a patient shall be documented in the clinical record of the patient. In addition, every instance of a restraint or seclusion shall be evaluated and the evaluation and reasons for such restraint or seclusion shall be made a part of the clinical record of the patient under the signature of a licensed physician or, as delegated through the bylaws of the hospital’s medical or professional staff, other practitioners licensed to practice independently. Whenever a peace officer deems it necessary to apply restraints to a patient while transporting the patient from one (1) facility to another and that restraint is against the medical advice of a licensed physician, the officer shall document the use of restraints in a report to be included in the clinical record.

History:

[66-345, added 1951, ch. 290, sec. 29, p. 622; am. 1973, ch. 173, sec. 23, p. 363; am. 1981, ch. 114, sec. 32, p. 192; am. 2001, ch. 339, sec. 1, p. 1201; am. 2014, ch. 111, sec. 1, p. 321.]