Section He-C 901.08 - Review of Restraint and Seclusion Usage Records(a) The department shall review the restraint and seclusion usage data reported in He-C 901.07.(b) Pursuant to RSA 126-U:9, the department shall conduct periodic, regular review of records maintained by facilities regarding the use of seclusion and restraint.(c) As part of the periodic, regular review of records in (b) above, the department shall convene a review committee comprised of a minimum of 2 individuals designated by the commissioner. (d) The review committee in (c) above shall select a sample of 25 records maintained pursuant to RSA 126-U. The review committee may review all facility records should it find it necessary to determine whether each facility is in compliance with the requirements of RSA 126-U and He-C 900. (e) As part of the review, the facility shall make its policies, as outlined in He-C 901.04, available to the review committee. (f) Each facility's records shall be subject to an annual review by the review committee in (c) above. Additional review shall be conducted at the review committee's request, and at regular intervals during a facility's licensure or certification renewal process, as applicable, or as part of the annual inspection of the facility.(g) The review committee shall examine the records to determine whether each facility is in compliance with the requirements of RSA 126-U and He-C 900. (h) Within 45 calendar days of the completion of its review of a facility's records, the review committee shall submit a written report to the department. (i) The report shall contain, at a minimum: (1) The name of the facility;(2) The date of the review;(3) The total number of records reviewed;(4) The date range of the records reviewed;(5) The total number of reports of seclusion and restraints;(6) The total number of improper use of seclusion and restraints;(7) Whether the review committee finds improper use of seclusion and restraint by the facility and recommends that the department requests a corrective action plan;(8) Whether the facility has a written policy regarding seclusion and restraints that is in compliance with He-C 901.04;(9) Whether the facility is in compliance with its policies; and (10) Whether the facility is in compliance with its duty to report and its record keeping requirements under He-C 901.05, He-C 901.06, and He-C 901.07.(j) Facilities shall permit the disability rights center access to its seclusion and restraint reports. N.H. Admin. Code § He-C 901.08
Derived from Volume XL Number 50, Filed December 10, 2020, Proposed by #13135, Effective 11/24/2020, Expires 11/24/2030