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NORTH DAKOTA |
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Standard or Definition |
NORTH DAKOTA CENTURY CODE
CHAPTER 75-03-16
LICENSING OF GROUP HOMES AND RESIDENTIAL CHILD CARE FACILITIES and
CHAPTER 33-14-05
HALFWAY HOUSES, HOSTELS, GROUP HOMES and
CHAPTER 25-01.2
DEVELOPMENTAL DISABILITY
As of July, 2003 |
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Restraint Definition |
No definition given. |
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Restraint Exclusions |
None. |
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Chemical Restraint Definition |
No definition given. |
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Seclusion Definition |
No definition given. |
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Seclusion Exclusions |
None. |
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Criteria for Restraint and Seclusion |
Physical restraint or isolation may be used only:
- As a necessary complement to positive programming designed tostrengthen desirable and adaptive behavior; and
- To prevent immediate harm to the child or to another individual.
Neither physical restraints nor isolation may be used for punishment, for the convenience of staff, or as a substitute for programming. Except as permitted under section 75-03-16-26.2, mechanical forms of physical restraints may not be used.
No person receiving services at any institution or facility for the developmentally disabled may at any time be administered any drug or medication, or be chemically restrained or tranquilized in any manner, except upon the written authorization of a licensed physician when necessary and appropriate as an element of the service being received or as a treatment of any medical or physical condition in conformity with accepted standards for that treatment. The nature, amount of, and reasons for the administration of any drug or medication must be promptly recorded in the person's medical record. |
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Monitoring Requirements |
Any person who is in seclusion or who is physically restrained must be checked by an attendant at least once every thirty minutes. |
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Ordering and Initiation |
Restraints may be applied only by written order of the attending physician. In case of an emergency a verbal order may be accepted, but must be placed in writing on the resident's record within twelve hours. |
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In-person Assessment |
No information provided. |
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Debriefing |
No information provided. |
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Family & Guardian Notification |
Documentation must include…Documentation that information concerning the incident was communicated to the child's parent, guardian, legal custodian, or placing agency. |
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Notification of Rights and Restraint and Seclusion Policies and Procedures at admission |
No information provided. |
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Training |
Each facility shall ensure that the administrator, program director,social service staff, child care workers, educational staff, and all other staff working directly with children shall receive at least twenty hours of training during each year of employment.
Training must prepare the staff to meet the needs of the children servedand shall include the following subject areas:
- Children's emotional needs and problems;
- Reporting of child abuse and neglect;
- Behavior management techniques, including crisis management
- And techniques of nonviolent crisis intervention; and
- Emergency and safety procedures, including first aid and cardiopulmonary resuscitation.
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Documentation |
Each use of isolation or physical restraint must be documented, filed in the child's case file within twenty-four hours, and entered in the central record maintained by the facility within seventy-two hours. Documentation must include:
- The date and time of use;
- The number of times isolation or restraint was used and the duration ofeach use;
- A complete description of the type of isolation or restraint used;
- The names of staff who applied the restraint;
- A complete description of the injuries sustained by children or staff involved and the medical treatment provided.
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Reporting |
No information provided. |
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Quality Improvement |
Policies and procedures regarding use of restraints and seclusion must be reviewed annually. |
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