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Home > Behavioral Health > Behavior Support and Intervention > Standard or Definition

 
 

NEVADA

Standard or Definition NEVADA ADMINISTRATIVE CODE
CHAPTER 432A - SERVICES AND FACILITIES FOR CARE OF CHILDREN
And NEVADA REVISED STATUTES, CHAPTER 433-GENERAL PROVISIONS

As of July, 2003
Restraint Definition "Physical restraint" means the use of physical contact to limit a person's movement or hold a person immobile.*
Restraint Exclusions None.
Chemical Restraint Definition "Physical restraint" means the use of physical contact to limit a person's movement or hold a person immobile.*
Seclusion Definition Definition not given.
Seclusion Exclusions None.
Criteria for Restraint and Seclusion A provider shall prepare a written policy and procedure for the management of behavior, which must include:
  1. A description of the behavior of a client that is appropriate and inappropriate; and

  2. Acceptable responses by the members of the staff to behavior by the client that is inappropriate.
A member of the staff shall not use or permit the use of physical restraint or methods that are humiliating or frightening to control the actions of a client.

A member of the staff may use passive restraint only as a temporary means of physical containment to protect the client, another person or property. Passive restraint may not be used as a form of punishment.

A member of the staff may not use a method to incapacitate the client physically, unless the method has been identified and approved by the bureau.
Monitoring Requirements No information provided.
Ordering and Initiation No information provided.
In-person Assessment No information provided.
Debriefing No information provided.
Family & Guardian Notification See "Documentation".
Notification of Rights and Restraint and Seclusion Policies and Procedures at admission
  1. A provider shall prepare a written policy for the rights of its clients, which must include:
    • A statement concerning the confidentiality of the information obtained by the provider and of the records that are current and closed;

    • The reasons for terminating the participation of a client involuntarily and the criteria for admitting a client into the program after he has been discharged;

    • A description of the potential harm to or acts of violence by a client or another;

    • A list of the responsibilities of a client, including the performance of manual tasks and compliance with the rules of conduct established by the program;

    • The fee for the services and other costs associated with the program;

    • The procedure for filing a grievance or complaint;

    • The client's right to be free from discrimination;

    • The client's right to be treated with dignity;

    • Except as otherwise provided in NRS 432A.540, the client's right to communicate with his family, attorney, physician, clergyman or other persons, unless it is determined that communication with a particular person will not benefit the client;

    • A list of the persons, if any, whose rights to visit the client have been restricted by a court;

    • Except as otherwise provided in NRS 432A.540, the client's right to send and receive mail in accordance with applicable requirements regarding security, health and safety;

    • The client's right to use the telephone at the expense of the client; and

    • A statement of the rights of clients who smoke, if any, and of clients who do not smoke.

  2. The field administrator shall, upon admission, present and inform the client of the policy described in subsection 1 orally and in writing in a language or manner that the client understands.

  3. The field administrator shall, upon admission, provide the parent or guardian of the client with a copy of the policy described in subsection 1.
Training The policy and procedure prepared pursuant to subsection 1 must be provided to each member of the staff. The staff must receive annual training relating to the management of behavior, which has been approved by the bureau.
Documentation
  1. A provider must prepare a written policy for documenting and reporting to the bureau all deaths of clients, injuries, fights, physical confrontations, uses of passive physical restraints, suspected incidents of abuse or neglect and other situations or circumstances affecting the health or safety of a client. The documentation must include:
    • A summary of the incident;
    • The date and time of emergency intervention, if any;
    • A list of any referrals made;
    • Information obtained after the incident; and
    • The signature of the person preparing the report.

  2. The provider shall maintain a copy of the report in the respective file of each client involved in an incident described in subsection 1.

  3. If an incident involves the abuse, neglect or death of a client, the provider shall:
    1. Prepare a preliminary written report within 24 hours after the incident; and
    2. Notify the bureau, the parent or guardian of the client and the appropriate law enforcement agency.
Reporting No information provided.
Quality Improvement No information provided.

*As defined by Nevada Revised Statutes, Chapter 433


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