This regulation establishes consumer rights related to restraint and seclusion for all DC mental health (MH) providers. Operators must explain their restraint and seclusion policy to each consumer at intake, communicate it in the consumer's language (including ASL), obtain a signed acknowledgment, and document it in the clinical record. For minors or legally incompetent adults, parents or guardians must also receive copies and acknowledgment opportunities. Providers must also offer consumers the opportunity to document advance instructions regarding psychiatric emergency treatment preferences.
View official source502 CONSUMER RIGHTS REGARDING THE USE OF RESTRAINTS AND SECLUSION 502.1 All MH provider staff shall treat each consumer receiving mental health services and supports with consideration and respect for the consumer's dignity, autonomy and privacy at all times. 502.2 Each consumer shall be provided a verbal explanation of the MH provider's Restraint and Seclusion Policy at intake or the next subsequent contact with the consumer. If the consumer is a minor or a legally incompetent adult, the consumer's parent(s) or legal guardian(s) shall also be given copies of the Restraint and Seclusion Policy. 502.3 Each MH provider shall communicate its restraint and seclusion policy in a language the consumer, or the consumer's parent(s) or legal guardian(s) understand. When necessary, the MH provider shall provide interpreters or translators, including those for American Sign Language. 502.4 Each MH provider shall request consumers to sign an acknowledgement of the explanation of the MH provider's Restraint and Seclusion Policy and document the acknowledgement in each consumer's clinical record. 502.5 Each consumer shall be provided the opportunity to document his or her advance instructions regarding treatment preferences in the event of a psychiatric emergency in accordance with the requirements of 22-A DCMR Chapter 1 and DMH policy on the use of advance instructions. If the consumer is a minor or legally incompetent adult, the consumer's parent(s) or legal guardian(s) shall also be given the opportunity to document advance instructions in accordance with the requirements of 22-A DCMR Chapter 1 and DMH policy on the use of advance instructions. 502.6 Advance instructions regarding treatment preferences in the event of a psychiatric emergency shall be placed in the consumer's clinical record in accordance with the requirements of 22-A DCMR Chapter 1 and DMH policy. SOURCE: Emergency and Proposed Rulemaking published at 51 DCR 8691 (September 3, 2004)[EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 11863 (December 31, 2004)[EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 52 DCR 5957 (June 24, 2005)[EXPIRED]; as amended by Final Rulemaking published at 52 DCR 7229 (August 5, 2005). District of Columbia Municipal Regulations Mental Health 22-A DCMR § 502