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The Florida Senate

2020 Florida Statutes

Title XXIX PUBLIC HEALTH
Chapter 400 NURSING HOMES AND RELATED HEALTH CARE FACILITIES Entire Chapter
SECTION 9979
Restraint and seclusion; client safety.
F.S. 400.9979
400.9979 Restraint and seclusion; client safety.—
(1) A facility shall provide a therapeutic milieu that supports a culture of individual empowerment and responsibility. The health and safety of the client shall be the facility’s primary concern at all times.
(2) The use of physical restraints must be ordered and documented by a physician, physician assistant, or advanced practice registered nurse and must be consistent with the policies and procedures adopted by the facility. The client or, if applicable, the client’s representative shall be informed of the facility’s physical restraint policies and procedures when the client is admitted.
(3) The use of chemical restraints shall be limited to prescribed dosages of medications as ordered by a physician, physician assistant, or advanced practice registered nurse and must be consistent with the client’s diagnosis and the policies and procedures adopted by the facility. The client and, if applicable, the client’s representative shall be informed of the facility’s chemical restraint policies and procedures when the client is admitted.
(4) Based on the assessment by a physician, physician assistant, or advanced practice registered nurse, if a client exhibits symptoms that present an immediate risk of injury or death to himself or herself or others, a physician, physician assistant, or advanced practice registered nurse may issue an emergency treatment order to immediately administer rapid-response psychotropic medications or other chemical restraints. Each emergency treatment order must be documented and maintained in the client’s record.
(a) An emergency treatment order is not effective for more than 24 hours.
(b) Whenever a client is medicated under this subsection, the client’s representative or a responsible party and the client’s physician, physician assistant, or advanced practice registered nurse shall be notified as soon as practicable.
(5) A client who is prescribed and receives a medication that can serve as a chemical restraint for a purpose other than an emergency treatment order must be evaluated by his or her physician, physician assistant, or advanced practice registered nurse at least monthly to assess:
(a) The continued need for the medication.
(b) The level of the medication in the client’s blood.
(c) The need for adjustments to the prescription.
(6) The licensee shall ensure that clients are free from unnecessary drugs and physical restraints and are provided treatment to reduce dependency on drugs and physical restraints.
(7) The licensee may only employ physical restraints and seclusion as authorized by the facility’s written policies, which shall comply with this section and applicable rules.
(8) Interventions to manage dangerous client behavior shall be employed with sufficient safeguards and supervision to ensure that the safety, welfare, and civil and human rights of a client are adequately protected.
(9) A facility shall notify the parent, guardian, or, if applicable, the client’s representative when restraint or seclusion is employed. The facility must provide the notification within 24 hours after the restraint or seclusion is employed. Reasonable efforts must be taken to notify the parent, guardian, or, if applicable, the client’s representative by telephone or e-mail, or both, and these efforts must be documented.
(10) The agency may adopt rules that establish standards and procedures for the use of restraints, restraint positioning, seclusion, and emergency treatment orders for psychotropic medications, restraint, and seclusion. If rules are adopted, the rules must include duration of restraint, staff training, observation of the client during restraint, and documentation and reporting standards.
History.—s. 1, ch. 2015-25; s. 36, ch. 2018-106.