A. Mechanical restraints shall not be applied to a consumer unless:

1. It is determined by an allopathic physician, osteopathic physician, physician assistant or advanced practice registered nurse who is authorized to order restraint by hospital or community-based structured crisis center, as defined by Section 3-317 of this title, policy to be required by the medical needs of the consumer; or

2. An emergency situation arises and a mechanical restraint is necessary for the safety of the individual or others. The mechanical restraint may be applied after obtaining a verbal order of an allopathic physician, osteopathic physician, physician assistant or advanced practice registered nurse as long as the consumer receives a face-to-face examination within one (1) hour after the restraint is applied by an allopathic physician, osteopathic physician, physician assistant, advanced practice registered nurse or registered nurse trained in restraint management in accordance with the then-current standards promulgated by the United States Department of Health and Human Services and authorized by hospital policy.

B. No mechanical restraint shall be continued for longer than is absolutely necessary under the circumstances. Regardless of who orders the restraint, every use of a mechanical restraint, the reasons and length of time, shall be made a part of the clinical record of the consumer under the signature of the attending allopathic physician or osteopathic physician.

Added by Laws 1953, p. 171, § 92, emerg. eff. June 3, 1953. Amended by Laws 1977, c. 145, § 9, emerg. eff. June 3, 1977. Renumbered from § 92 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 2003, c. 46, § 30, emerg. eff. April 8, 2003; Laws 2005, c. 150, § 28, emerg. eff. May 9, 2005; Laws 2007, c. 130, § 9, eff. Nov. 1, 2007; Laws 2015, c. 57, § 1, eff. Nov. 1, 2015.