[Code of Federal Regulations]

[Title 42, Volume 3]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 42CFR460.114]



[Page 434-435]

 

                         TITLE 42--PUBLIC HEALTH

 

  CHAPTER IV--CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF 

                  HEALTH AND HUMAN SERVICES (CONTINUED)

 

PART 460_PROGRAMS OF ALL-INCLUSIVE CARE FOR THE ELDERLY (PACE)--Table 

of Contents

 

                      Subpart G_Participant Rights

 

Sec. 460.114  Restraints.



    (a) The PACE organization must limit use of restraints to the least 

restrictive and most effective method available. The term restraint 

includes either a physical restraint or a chemical restraint.

    (1) A physical restraint is any manual method or physical or 

mechanical



[[Page 435]]



device, materials, or equipment attached or adjacent to the 

participant's body that he or she cannot easily remove that restricts 

freedom of movement or normal access to one's body.

    (2) A chemical restraint is a medication used to control behavior or 

to restrict the participant's freedom of movement and is not a standard 

treatment for the participant's medical or psychiatric condition.

    (b) If the interdisciplinary team determines that a restraint is 

needed to ensure the participant's physical safety or the safety of 

others, the use must meet the following conditions:

    (1) Be imposed for a defined, limited period of time, based upon the 

assessed needs of the participant.

    (2) Be imposed in accordance with safe and appropriate restraining 

techniques.

    (3) Be imposed only when other less restrictive measures have been 

found to be ineffective to protect the participant or others from harm.

    (4) Be removed or ended at the earliest possible time.

    (c) The condition of the restrained participant must be continually 

assessed, monitored, and reevaluated.