Regulation detail

Pa. Code 5320.54

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Pa. Code 5320.54 active

Jurisdiction: PA Agency: Pennsylvania Department of Human Services (OMHSAS) and Department of Drug and Alcohol Programs (DDAP)
MH_RESIDENTIAL (100%)
Plain-English summary

This section governs the use of seclusion and restraints in Long-Term Structured Residences (LTSRs). It prohibits seclusion entirely and bans restraints used for behavior management, while permitting restraints for body alignment, positioning, and physical functioning only under specific conditions tied to involuntary movement due to organic causes and applicable facility occupancy standards. Operators of LTSRs must ensure compliance with these restrictions and the referenced cross-regulatory requirements.

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Regulation text
55 Pa. Code § 5320.54 - Seclusion and restraints 

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(a)
 The use
 of seclusion is prohibited in LTSRs.

(b)
 The use of restraints for behavior
 management is prohibited in LTSRs.

(c)
 The use of restraints to promote body
 alignment, positioning and physical functioning is allowable in an LTSR only
 when the following conditions are met:
(1)
 The
 requirements of §
 
13.4
 (relating to use of
 restraints to control involuntary movement due to organic causes or
 conditions).

(2)
 State or local
 standards for hospital, nursing home and residential care occupancy governing
 these facilities when a resident's mobility is compromised by the use of this
 type of restraint. See, for example, 28 Pa. Code Part IV (relating to health
 facilities); 34 Pa. Code Chapters 49-59, National Fire Protection Agency
 related to institutional occupancy (current applicable standards of Life Safety
 Code) and equivalent standards of cities with 1st class status; and Chapter
 5300 (relating to private psychiatric
 hospitals).

Notes

55

 Pa. Code §
 
5320.54

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