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Restraint and Seclusion Techniques: Know Your Legal Risks

Does your facility or its staff understand the risks of utilizing seclusion and restraint? Have you addressed concerns such as: use of seclusion/restraint for staff's own convenience?; use of seclusion/restraint as a threat (e.

g., "if you don't stop, you will be put in seclusion")?; use of seclusion/restraint when the behavior might not be imminently threatening?; continuation of seclusion/restraints after behavior is no longer imminently threatening?; proper documentation of less-restrictive measures attempted prior to seclusion/restraint?; proper documentation of conduct justifying the seclusion/restraint?; proper staff training on behavioral interventions?; proper observation of the patient in seclusion/restraint, and provision of nursing care? This OnDemand Webinar is designed for the individuals responsible for staff training or risk management related to restraint and seclusion, to provide guidance about how to comply with Medicare's Conditions of Participation and how to minimize the various risks associated with seclusion and restraint - staff injuries, patient injuries, civil liability, re-traumatizing the patient, and investigation by administrative agencies, to name a few. The program also will explore the strategies recommended by mental health program directors to reduce the reliance on seclusion and restraint. Learning Objectives: •You will be able to identify CMS rules regarding restraints and seclusion. •You will be able to describe the risks of using restraints and seclusion. •You will be able to discuss proper implementation of restraints and seclusion. •You will be able to demonstrate documentation of appropriate use of restraints and seclusion techniques.

Runtime: 95 minutes
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Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

A Historical Perspective

  • Patchwork Quilt of State Regulations
    • 1985 Task Force of American Psychiatric Association Found Inconsistency With Regard to Definitions of Restraint/Seclusion, Use to Prevent Property Damage, When/How to Conclude Use, etc.
  • Youngberg v. Romeo, 457 U.S. 307 (1982), U.S. Supreme Court
    • Restraint Is a Drastic Deprivation of Personal Liberty and the Right to Be Free From Undue Bodily Restraint Is the Core of the Liberty Interest Protected by the Due Process Clause From Arbitrary Governmental Action
  • Emergence of Clinical Consensus That Restraint and Seclusion Are Safety Interventions of Last Resort and Use Should Be Reduced Significantly and Reserved for Only the Most Emergent Situations

January 2007 - CMS Rules Applicable to All Medicare and Medicaid Participating Hospitals

  • Restraint and Seclusion May Only Be Imposed to Ensure the Immediate Physical Safety of the Patient, a Staff Member, or Others and Must Be Discontinued at the Earliest Possible Time
  • General Requirements for All Patients, Without Distinction for Medical/Surgical Care and Behavior Management
  • Special Requirements for Violent and Self-Destructive Behavior

Implementation - How Is It Working?

  • CMS Conditions of Participation and Joint Commission Standards for Restraint and Seclusion
  • How Good Is Your Documentation?
  • Training Requirements
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Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Webinar

This course was last revised on March 14, 2013.

Call 1-866-352-9540 for further credit information.

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Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

David J. Ryan

David J. Ryan

Williams Kastner PLLC

David J. Ryan, J.D.

  • Member in the Portland, Oregon, office of Williams Kastner & Gibbs PLLC and a member of the firm’s Health Care and Business Litigation Practice Groups, as well as part of the insurance team
  • Practice focuses in civil litigation, with emphasis in professional malpractice and health care liability
  • Provides legal counsel and risk management advice to health care clients, including nonprofit hospital systems operating in the states of Oregon and Washington and residential treatment facilities
  • Co-writer of the published article, “Punitive Damages Against Health Care Providers in the Health Care Reform Era,” Physician Organizations, American Health Lawyers Association, February 2010; AAOS Now, American Academy of Orthopaedic Surgeons, February 2010
  • Member of the Oregon State Courts; the U.S. District Court, District of Oregon; the Washington State Courts; and the U.S. District Court, Western District of Washington
  • J.D. degree, Lewis and Clark Law School (formerly Northwestern School of Law), Portland, Oregon; B.A. degree, The College of William and Mary, Williamsburg, Virginia
  • Can be contacted at 503-944-6945 or [email protected]
No photo available

Suzanne Thompson Wininger, RN, BSN

Campbell Thompsom Wininger PLLC

Suzanne Thompson Wininger, R.N., B.S.N., J.D.

  • Manages and operates law practice and nurse consulting firm specializing in elder law and care management
  • Provides legal advice and legal services consistent with wills, powers of attorney, advanced directives, long term care planning and guardianship
  • Serves as expert witness in long term care litigation (negligence and neglect)
  • Title 11.88 Guardian ad Litem appointed by a superior court to conduct investigation once petition filed to deem an adult incapacitated; performs Settlement Guardian ad Litem work for superior courts
  • Promotes and advocates for resident rights, home care resources, discharge planning resources and long term care resources, and protects residents against vulnerable adult abuse
  • Frequent speaker on guardianships, POLSTS, long term care standards of practice, vulnerable adult abuse protection, and Medicaid qualification
  • Provides regulatory compliance consultation to adult family homes, boarding homes and nursing homes; staff education; policy and procedure revision; mock inspection; and survey consultation
  • Member of the Washington State Bar, National Academy of Elder Law Attorneys, The American Association of Nurse Attorneys, and numerous other Washington State elder law committees
  • J.D. degree, Gonzaga University School of Law; B.S. degree in nursing, University of Mary Hardin-Baylor; B.S. degree in human development, University of California, Davis
  • Can be contacted at 253-863-0207 or [email protected]
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Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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Product ID: 390901
Published 2013
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