| (B) a resident because someone on behalf of the resident
files a complaint, presents a grievance, or otherwise provides in
good faith information relating to the misuse of restraint or seclusion
at the facility.
(h) Wheelchair self-release seat belts.
(1) For the purposes of this section, a "self-release
seat belt" is a seat belt on a resident's wheelchair that the resident
demonstrates the ability to fasten and release without assistance.
A self-release seat belt is not a restraint.
(2) Except as provided in paragraph (3) of this subsection,
a facility must allow a resident to use a self-release seat belt if:
(A) the resident or the resident's legal guardian requests
that the resident use a self-release seat belt;
(B) the resident consistently demonstrates the ability
to fasten and release the self-release seat belt without assistance;
(C) the use of the self-release seat belt is documented
in and complies with the resident's individual service plan; and
(D) the facility receives written authorization, signed
by the resident or the resident's legal guardian, for the resident
to use the self-release seat belt.
(3) A facility that advertises as a restraint-free
facility is not required to allow a resident to use a self-release
seat belt if the facility:
(A) provides a written statement to all residents that
the facility is restraint-free and is not required to allow a resident
to use a self-release seat belt; and
(B) makes reasonable efforts to accommodate the concerns
of a resident who requests a self-release seat belt in accordance
with paragraph (2) of this subsection.
(4) A facility is not required to continue to allow
a resident to use a self-release seat belt in accordance with paragraph
(2) of this subsection if:
(A) the resident cannot consistently demonstrate the
ability to fasten and release the seat belt without assistance;
(B) the use of the self-release seat belt does not
comply with the resident's individual service plan; or
(C) the resident or the resident's legal guardian revokes
in writing the authorization for the resident to use the self-release
seat belt.
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