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Current as of January 02, 2024 | Updated by Findlaw Staff
(a) Persons supported have the right to be free from isolation and restraints, in any form, imposed as a means of coercion, discipline, convenience, or retaliation by staff. Restraints include physical and mechanical restraints and drugs used to control behavior or to restrict freedom of movement if the drug or the dosage of the drug is not a standard treatment for the person supported's medical or psychiatric condition. As used in this section, “isolation” means the placement of a person alone in a room from which egress is prevented. Isolation and restraint may only be used while the condition justifying its use exists.
(b) A person with an intellectual or developmental disability may only be restrained as part of an approved plan or in emergency situations, if necessary, to assure the physical safety of the person or another person nearby or to prevent significant destruction of property. Isolation may only be used with a person with an intellectual or developmental disability or developmental delay as part of the person's approved plan. Only psychologists, psychological examiners, senior psychological examiners, physicians, behavior analysts, master's degree social workers, and others authorized to do so under department rules may develop a plan that includes or authorizes isolation or restraint.
(c) Staff shall remain in the physical presence of a person in restraint. Staff shall continuously observe a person in isolation or restraint for the health and well-being of the person.
(d) The professional shall record the use of restraint or isolation, the reasons for its use, and the duration of its use in the person's record.
(e) All staff who may have direct contact with a person being restrained or isolated must receive ongoing education and training in alternative methods for handling behavior and the safe use of isolation and restraint.
(f) The department shall adopt rules as to circumstances under which use of restraint and isolation are permitted. The department shall distribute the rules to all who provide services covered by this title.
(g) The department shall report annually to the statewide planning and policy council on the use of restraint and isolation in this state and its rules on the subject.
Cite this article: FindLaw.com - Tennessee Code Title 52. Department of Disability and Aging § 52-3-117 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-52-department-of-disability-and-aging/tn-code-sect-52-3-117/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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