§ 46a-150 — Definitions.

Connecticut § 46a-150

• Jurisdiction: Connecticut
• Title 46a: Human Rights
• Ch. 814e: Physical Restraint, Medication and Seclusion of Persons Receiving Care, Education or Supervision in a School, Institution or Facility

Text

For purposes of this section and sections 46a-151 to 46a-154, inclusive: (1) “Provider of care or supervision of a person at risk” and “provider” mean a person who provides direct care or supervision of a person at risk. (2) “Assistant provider of care or supervision of a person at risk” and “assistant” mean a person assigned to provide, or who may be called upon in an emergency to provide, assistance or security to a provider of care or supervision of a person at risk. (3) “Person at risk” means a person receiving care or supervision in an institution or facility operated by, licensed or authorized to operate by or operating pursuant to a contract with the Departments of Public Health, Developmental Services, Children and Families, or Mental Health and Addiction Services. The term does not include a person in the custody of the Commissioner of Correction, or a resident or patient of a nursing home subject to federal regulations concerning restraint of residents or patients. (4) “Life-threatening physical restraint” means any physical restraint or hold of a person that restricts the flow of air into a person's lungs, whether by chest compression or any other means. (5) “Physical restraint” means any mechanical or personal restriction that immobilizes or reduces the free movement of a person's arms, legs or head. The term does not include: (A) Briefly holding a person in order to calm or comfort the person; (B) restraint involving the minimum contact necessary to safely escort a person from one area to another; (C) medical devices, including, but not limited to, supports prescribed by a health care provider to achieve proper body position or balance; (D) helmets or other protective gear used to protect a person from injuries due to a fall; or (E) helmets, mitts and similar devices used to prevent self injury when the device is part of a documented treatment plan and is the least restrictive means available to prevent such self-injury. (6) “Psychopharmacologic agent” means any medication that affects the central nervous system, influencing thinking, emotion or behavior. (7) “Seclusion” means the confinement of a person in a room, whether alone or with staff supervision, in a manner that prevents the person from leaving, except that in the case of seclusion at Long Lane School, the term does not include the placing of a single child or youth in a secure room for the purpose of sleeping.

Legislative History

(P.A. 99-210, S. 1, 6; P.A. 07-73, S. 2(a); 07-147, S. 1; P.A. 15-141, S. 2.) History: P.A. 99-210 effective June 29, 1999; pursuant to P.A. 07-73 “Department of Mental Retardation” was changed editorially by the Revisors to “Department of Developmental Services”, effective October 1, 2007; P.A. 07-147 amended Subdiv. (3) to redefined “person at risk” to include a child requiring special education or awaiting a determination for eligibility for special education in new Subpara. (A), designate existing provisions as new Subpara. (B) and existing Subparas. (A) and (B) as new clauses (i) and (ii), and delete former clause (i) and (ii) designators, and amended Subdiv. (5)(E) to exclude from the definition of “physical restraint” devices that prevent injury if the device is part of an “individualized education program pursuant to section 10-76d”; P.A. 15-141 replaced “provider of care, education or supervision of a person at risk” with “provider of care or supervision of a person at risk” and deleted reference to education in Subdiv. (1), replaced “assistant provider of care, education or supervision of a person at risk” with “assistant provider of care or supervision of a person at risk” and deleted reference to education in Subdiv. (2), redefined “person at risk” in Subdiv. (3), and deleted reference to individualized education program in Subdiv. (5), effective July 1, 2015.