What are the laws regarding the use of restraints in mental health facilities?
In Tennessee, the use of restraints in mental health facilities is a highly regulated process that must be followed with care and precision. The statute governing the use of restraints in these facilities is Tennessee Code Annotated 33-6-417. This statute mandates that restraints cannot be used as punishment or as a substitute for needed treatment. Restraints may only be used when an individual poses an imminent risk to themselves or others and can only be used when the least restrictive method is required to protect the safety of those involved. The statute also sets forth how long restraints may be used, detailing the maximum amount of time they can be used in different types of restraints. For example, chemical restraints can only be used for four hours and mechanical restraints can only be used for two hours. Additionally, the statute requires that a physician, psychologist, or other qualified mental health professional must authorize the use of restraints and must also order an examination of the individual who was restrained within 12 hours of the restraint being used. In order to ensure that the use of restraints in mental health facilities is not abused, Tennessee requires that staff must be trained to use such restraints safely and appropriately. They must be able to recognize the signs of physical and psychological distress and be able to respond appropriately in order to minimize any potential harm to the individual who has been restrained. In summary, the use of restraints in mental health facilities is highly regulated in Tennessee. The law mandates that staff be properly trained to use restraints safely, and that restraints must follow certain guidelines regarding duration and authorization. Most importantly, restraints must only be used as a last resort measure and should not be used as a substitute for needed treatment.
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