§ 42-72.9-4. Use of restraints.
(a) No service provider may use a life-threatening physical restraint on any child at
any time. This section shall not be construed as limiting any defense to a criminal
prosecution for the use of deadly physical force that may be available in the general
laws.
(b) After January 1, 2001, no service provider shall administer a restraint on a child
unless trained in accordance with the provisions of this chapter.
(c) No service provider shall administer a physical, mechanical, or chemical restraint
on a child, unless the following conditions are met:
(1) A service provider in a covered facility may impose restraints only to prevent immediate
or imminent risk of harm to the physical safety of the child, staff, or other individuals
in the facility. Restraints shall be removed at the earliest possible time that the
child can commit to safety and no longer poses a threat to himself or herself or others;
(2) The use of mechanical restraints on children and youth must be administered in strict
accordance with policies developed by the service provider and is limited to those
covered facilities granted specific authority to use mechanical restraint methods
by their respective state licensing authorities after review and approval of their
policies. The use of mechanical restraints at the Rhode Island training school for
youth will be governed exclusively by rules and regulations promulgated by DCYF in
accordance with § 42-72.9-9 on or before January 1, 2001;
(3) A physical, mechanical, or chemical restraint may be used only when less restrictive
interventions have not succeeded in de-escalating a situation in which the child's
and/or other's safety is at risk;
(4) Except in the case of an emergency, any use of restraint on a child in the school
program of a covered facility must be in accordance with the child's individual education
program;
(5) Any use of restraint on a child must be in accordance with safe and appropriate restraining
techniques and be administered only by service providers that have both initial and
ongoing education and training in the proper and safe use of restraints as established
by nationally recognized training programs;
(6) The use of chemical restraints on children and youth must be administered in strict
accordance with policies developed by the service provider and is limited to those
covered facilities granted specific authority to use chemical restraints by their
respective state licensing authorities after review and approval of their policies.
All chemical restraints must be ordered, in writing, by a physician and administered
in accordance with the standards adopted by the joint commission on accreditation
of healthcare organizations (JCAHO);
(7) The condition of the child in a restraint must be continually assessed, monitored,
and reevaluated and the restriction of patient child movement or activity by restraint
must be ended at the earliest possible time, considering the physical safety of the
child being restrained and other individuals in the facility. For the purposes of
this section, "monitor� means (i) direct observation, or (ii) observation by way of
video monitoring within physical proximity sufficient to provide aid as may be needed;
(8) Restraints may not be written as a standing order or on "as needed� (PRN) basis; and
(9) All restraints must be recorded by the individuals administering the restraints and
reviewed by supervisory personnel as soon as practicable but no later than forty-eight
(48) hours after the restraint was administered.