| (a) A protective device is a restrictive intervention
that a program provider may use in accordance with this section.
(b) A program provider must not use a protective device
to modify or control an individual's behavior, for disciplinary purposes,
for convenience, or as a substitute for an effective, less restrictive
method.
(c) Before a program provider uses a protective device,
the program provider must:
(1) have an RN conduct an assessment of the individual's
needs;
(2) consider less restrictive methods that, if effective,
would accomplish the purpose of the protective device;
(3) document in the individual's record the reasons
why less restrictive methods would not be effective;
(4) obtain and retain in the individual's record written
consent of the individual or LAR to use a protective device;
(5) provide oral and written notification to the individual
or LAR of the right at any time to withdraw consent for the use of
the protective device;
(6) have an RN, with input from the individual, the
individual's LAR, the individual's service planning team, and other
professional personnel, develop a written service plan, which may
be part of the individual's plan of care as defined in §558.2
of this title (relating to Definitions), signed by a physician, that
describes:
(A) the type of device and the circumstances under
which it may be used;
(B) how to use the protective device and any contraindications
specific to the individual;
(C) how and when to document the use of the protective
device;
(D) how to monitor the protective device; and
(E) when and whom the program staff must notify of
the use of a protective device;
(7) ensure the service planning team reviews and approves
the written service plan;
(8) ensure that each service provider who will use
a protective device has been trained in the proper use of the protective
device; and
(9) ensure the training is documented in the service
provider's record.
(d) A program provider that uses a protective device
must:
(1) document in the individual's record any use of
the protective device in accordance with the written service plan;
(2) ensure that an RN, with input from the individual's
service planning team and other professional personnel, at least annually,
and when the individual's needs change:
(A) evaluates and documents in the individual's record
the effects of the protective device on the individual's health and
welfare; and
(B) reviews the use of a protective device to determine
its effectiveness and the need to continue the protective device;
and
(3) ensure that an RN, in accordance with subsection
(c)(6) of this section, revises the service plan when the individual's
service planning team and physician determine that a protective device
is not effective or needed.
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