A patient has the right to be free from physical and chemical restraints when they are used to restrain or avoid caring for the patient's needs.

What is a physical restraint?
Anything placed on or next to the body of a patient that limits the movement of the patient. Physical restraints include leg or arm restraints, hand mitts, vests, lap buddies, cloth ties, safety bars, attached trays, tightly tucked in sheets, bed rails, chairs positioned in a manner that does not allow the patient movement.

What is a chemical restraint?
Chemical restraints are those drugs given to control behavior, i.e. yelling or striking out. Chemical restraints include sedatives and anti-psychotic drugs unless prescribed by a physician to specifically treat mental illness.

When may a restraint be used?
A restraint may be used appropriately to enable the individual to maintain certain functions. A restraint, the least restrictive, may be used to promote the highest level of functioning for the individual.

A restraint may be used to assist in the treatment of a medical symptom. This is true only after other non-restraint methods of treatment have been tried.

If other forms of treatment have been tried and are not successful restraints may be recommended. The restraints must be approved by the physician. The lack of other forms of treatment and the need for the restraint must be discussed with the patient. The patient's legal guardian or one holding a durable power of attorney must approve the restraint if the patient is incapacitated or unable to understand. The least restricting restraint will be used and for the shortest period of time.

The patient, or the patient's legal representative, has the right to refuse the use of restraints.

Restraints may not be used for discipline or convenience.


Adapted from "Your Rights To Be Free From Restraints", Licensing and Certification, California Dept. of Health Services, 1998, "Health Facilities Division Brochures", Colorado Dept. of Public Health and Environment 7/98.