Or. Admin. Code § 309-035-0205

Current through Register Vol. 63, No. 12, December 1, 2024

Section 309-035-0205 - Use of Seclusion or Restraints

(1) The use of seclusion or restraints is prohibited except in SRTFs with the Division's approval.

(2) A SRTF provider or applicant may submit an application to the Division for approval to use seclusion or restraints pursuant to OAR 309-033-0700 through 309-033-0740. Approval by the Division shall be based upon the following:

(a) A determination that the individuals served or proposed to be served have a history of behavioral concerns involving threats to the safety and well-being of themselves or others;

(b) The applicant demonstrates that the availability of seclusion or restraints is necessary to safely accommodate individuals who would otherwise be unable to experience a community residential program; and

(c) The applicant demonstrates an ability to comply with OAR 309-033-0700 through 0740 and 309-033-0500 through 0560. These rules include special requirements for staffing, training, reporting, policies and procedures, and the setting's physical environment.

(3) Seclusion or restraints may only be used in an approved SRTF when an emergency occurs in accordance with OAR 309-033-0700 through 0740 and 309-033-0500 through 0560. In such emergency situations, seclusion and restraint shall be used as a last resort behavior management option after less restrictive behavior management interventions have failed, or in the case of an unanticipated behavioral outburst, to ensure safety within the program. An approved SRTF shall implement policies and procedures approved by the Division outlining the circumstances under which seclusion or restraints may be used and the preventive measures to be taken before such use. All incidents involving the use of seclusion or restraints shall be reported to the Division. To use seclusion or restraints with an individual who is not in state custody under civil commitment proceedings, the individual shall be placed on a hold.

Or. Admin. Code § 309-035-0205

MHS 2-2017(Temp), f. 3-3-17, cert. ef. 3-4-17 thru 8-30-17; MHS 5-2017, f. & cert. ef. 6/8/2017

Stat. Auth.: ORS 413.042, 443.450

Stats. Implemented: ORS 413.032, 443.400 - 443.465 & 443.991