Regulation detail

22-A516

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22-A516 INJURY OR DEATH AS A RESULT OF RESTRAINT OR SECLUSION

Jurisdiction: DC Agency: DC Department of Behavioral Health (DBH) — Title 22-A; and DC Department of Health Care Finance (DHCF) — Title 29 Medicaid behavioral-health chapters
CMHC (60%) MH_RESIDENTIAL (60%) OUTPATIENT (40%) PSYCH_FACILITY (60%)
Plain-English summary

This regulation requires mental health provider staff to take immediate action when a consumer is injured or dies during or as a result of restraint or seclusion. Staff must obtain medical treatment, document injuries in clinical records, and submit major unusual incident reports to the DMH Office of Accountability within specified timeframes. Staff involved in restraint or seclusion incidents resulting in injury must also meet with supervisory staff to evaluate circumstances and develop prevention plans.

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Regulation text
516 INJURY OR DEATH AS A RESULT OF RESTRAINT OR SECLUSION

516.1 If a consumer is injured during the process of being placed in restraints or seclusion or while in restraints or seclusion, MH provider staff shall:

(a) Immediately obtain medical treatment from qualified medical personnel for the consumer;

(b) Document in the consumer's clinical records the injuries and any treatment provided for these injuries;

(c) Complete and submit a major unusual incident report to the DMH Office of Accountability; and

(d) Document in the consumer's record and submit a major unusual incident report to document any injuries to staff resulting from the use of restraints or seclusion during an emergency.

516.2 Any death that occurs while a consumer is in the process of being restrained or secluded, while the consumer is in restraints or seclusion, or any death that could reasonably have been the result of the use of restraint or seclusion shall be:

(a) Documented in the consumer's clinical record;

(b) Reported immediately (but no later than one (1) hour after discovery of the death) to the DMH Office of Accountability; and

(c) Reported to any other federal or District agencies as required by federal and District laws and regulations.

516.3 Staff involved in applying restraints or seclusion to abate an emergency that results in injury to the consumer or staff shall meet with supervisory staff to evaluate the circumstances that caused the injury and develop a plan to prevent future injuries. The meeting and evaluation of the circumstances that caused the injury and development of a plan to prevent future injuries may occur in conjunction with either the post event analysis described in § 509 or the treatment team debriefing described in § 510.

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 § 516