NAC449.740. Corporal punishment; restraints.

     1. Corporal punishment of residents in a facility for persons with an intellectual disability or persons with a developmental disability by members of the staff or other residents is prohibited.

     2. Physical restraints may not be used except as absolutely necessary for the safety of the resident, his or her peers or the staff and then only under the following conditions:

     (a) The facility shall have a written policy clearly stating the conditions under which restraint may be employed and enumerating which members of the staff may authorize its use;

     (b) No restraint may remain in force for more than 12 hours;

     (c) A resident in restraint must be checked at least every 30 minutes by trained members of the staff and a written record of these checks must be maintained;

     (d) The restraint file must be reviewed daily by the administrator or his or her appointee and a copy of the record placed in the resident’s file; and

     (e) The restraints used must be designed so as not to cause physical injury or great discomfort to the resident. A resident must be released from restraint for at least 10 minutes of every 2-hour period they are restrained.

     3. Any totally enclosed crib or other barred enclosure is considered a restraining device.

     4. Excessive chemical restraints must not be employed for the convenience of members of the staff.

     [Bd. of Health, Intermediate Care Facilities Reg. §§ 16.10-16.13, eff. 12-5-75]