N.Y. Comp. Codes R. & Regs. tit. 14 § 526.1

Current through Register Vol. 46, No. 43, October 23, 2024

Section 526.1 - Background and intent

(a) The purpose of this Part is to set forth standards for the quality care and treatment of persons receiving services in facilities operated or licensed by the Office of Mental Health.

(b)Restraint and seclusion.

Included within this Part are conditions and procedures for restraint and seclusion utilized for the purpose of managing violent or self-destructive behavior, as well as the use of restraints for medical and post-surgical care.

(1) Consistent with its statutory mandates, among the goals of the Office of Mental Health for the provision of care to persons with mental illness are the assurance of a safe and therapeutic environment, the reduction of danger, and the prevention of violent behavior.

(2) Restraint and seclusion historically have been used in psychiatric facilities to manage episodes of violent or dangerous patient behavior. Statistically, these emergency interventions are associated with increased risk of injury to not only patients, but also to staff who utilize these interventions. Restraint and seclusion also may have deleterious effects on patients, including survivors of sexual trauma and/or physical abuse, and patients with hearing impairments who are unable to communicate without the use of their hands. Physical risks include serious injury or even death, and psychological injuries include re-traumatization for individuals with histories of abuse.

(3) The use of restraint and seclusion to manage violent or self-destructive behavior can be significantly reduced through the creation and maintenance of an environment which promotes the empowerment of patients, identifies and implements strategies to advance positive behavior management and restraint reduction efforts, is strength-based and trauma informed, incorporates strategies in hiring or workforce development practices to advance these efforts, and emphasizes the education and sensitization of staff regarding the appropriate use of restraint and seclusion.

(4) It is the policy of the Office of Mental Health to achieve an ongoing reduction in the use of restraint and seclusion in facilities operated, certified, or monitored by the office, with the goal of reducing restraint and seclusion to the status of rare events, to reduce the behavioral emergencies that have prompted their use, and, wherever possible, to entirely eliminate the use of restraint and seclusion.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 526.1

Amended, New York State Register, Volume XXXVI, Issue 22, effective 6/4/2014