§ 26-20-104 — General duties relating to use of restraint on individuals

Colorado § 26-20-104

• Jurisdiction: Colorado
• Title 26: Human
• Art.: Protection of Persons from Restraint

Text

(1)
Notwithstanding the provisions of section 26-20-103, an agency that uses restraint
shall ensure that:

(a) At least every fifteen minutes, staff shall monitor any individual held in
mechanical restraints to assure that the individual is properly positioned, that the
individual's blood circulation is not restricted, that the individual's airway is not
obstructed, and that the individual's other physical needs are met;

(b) No physical or mechanical restraint of an individual shall place excess
pressure on the chest or back of that individual or inhibit or impede the individual's
ability to breathe;

(c) During physical restraint of an individual, an agent or employee of the
agency shall check to ensure that the breathing of the individual in such physical
restraint is not compromised;

(d) A chemical restraint shall be given only on the order of a physician or an
advanced practice registered nurse with prescriptive authority who has determined,
either while present during the course of the emergency justifying the use of the
chemical restraint or after telephone consultation with a registered nurse, licensed
physician assistant, or other authorized staff person who is present at the time and
site of the emergency and who has participated in the evaluation of the individual,
that such form of restraint is the least restrictive, most appropriate alternative
available. Nothing in this subsection (1) shall modify the requirements of section 26-20-102 (2) or 26-20-103 (3).

(e) An order for a chemical restraint, along with the reasons for its issuance,
shall be recorded in writing at the time of its issuance;

(f) An order for a chemical restraint shall be signed at the time of its
issuance by such physician if present at the time of the emergency;

(g) An order for a chemical restraint, if authorized by telephone, shall be
transcribed and signed at the time of its issuance by an individual with the authority
to accept telephone medication orders who is present at the time of the emergency;

(h) Staff trained in the administration of medication shall make notations in
the record of the individual as to the effect of the chemical restraint and the
individual's response to the chemical restraint.

(2) For individuals in mechanical restraints, agency staff shall provide relief
periods, except when the individual is sleeping, of at least ten minutes as often as
every two hours, so long as relief from the mechanical restraint is determined to be
safe. During such relief periods, the staff shall ensure proper positioning of the
individual and provide movement of limbs, as necessary. In addition, during such
relief periods, staff shall provide assistance for use of appropriate toiletting
methods, as necessary. The individual's dignity and safety shall be maintained
during relief periods. Staff shall note in the record of the individual being restrained
the relief periods granted.

(3) Relief periods from seclusion shall be provided for reasonable access to
toilet facilities.

(4) An individual in physical restraint shall be released from such restraint
within fifteen minutes after the initiation of physical restraint, except when
precluded for safety reasons.

Legislative History

Source: L. 99: Entire article added, p. 380, � 1, effective April 22. L. 2001: (1)(d) amended, p. 185, � 18, effective August 8. L. 2008: (1)(d) amended, p. 135, � 26, effective January 1, 2009.