The federal government defines unnecessary drugs as any drugs used:Psychotropic drugs cannot be administered legally without a doctor’s order. ONCE YOU BECOME A CLIENT OF THE FIRM, INFORMATION REGARDING YOUR CLAIM MAY BE TRANSMITTED IN COMPLIANCE WITH HIPAA AND HOUSE BILL 300. The facility shall establish and implement written policies and procedures which include these rights and shall make a copy of these policies available to the patient and to any representative of the patient. In 1987, Congress passed regulations and reforms for the nursing home industry in the Omnibus Budget Reconciliation Act.

Chemical restraint or emergency sedation is used for management of acute behavioral emergencies. CONSULT A DOCTOR ON ALL MEDICAL DECISIONS.WRITTEN INFORMATION IS AVAILABLE ON REQUEST. THE MEYER LAW FIRM WILL MAINTAIN JOINT REPRESENTATION AND JOINT RESPONSIBILITY FOR CLIENTS AND CASES,BUT CASES AND CLIENTS WILL LIKELY BE REFERRED TO OTHER LAW FIRMS FOR PRINCIPAL HANDLING. Preamble Chemical restraint is a very restrictive intervention, the application of which may cause distress for patients, support persons and staff members. The resident has a right to be treated with respect and dignity, including: §483.10(e)(1) The right to be free from any physical or chemical restraints imposed for purposes of discipline or convenience, and not required to treat the resident's medical symptoms, consistent with §483.12(a)(2). A report by Human Rights Watch says new regulations to tighten the use of chemical restraints on dementia patients has actually normalised the treatment to the detriment of patients.

The resident has the right to be free from any physical or chemical restraints imposed for purposes of discipline or convenience, and not required to treat the resident's medical symptoms.Nursing Service - Restraints and Postural Supports. The facility must also obtain informed consent of the patient or the family before they can legally administer the drug.Theoretically these protections should prevent the use of chemical restraints, however, that is not always the case.
(c) The only acceptable forms of physical restraints shall be cloth vests, soft ties, soft cloth mittens, seat belts and trays with spring release devices. (3) Drug used as a restraint means a drug or medication when it is used as a restriction to manage the patient’s behavior or restrict the patient’s freedom of movement and is not a standard treatment or dosage for a patient’s medical or psychiatric condition, or as otherwise defined in Federal regulations of the Centers for Medicare and Medicaid Services. §483.12. Most often, chemical restraints are used in nursing facilities to sedate and pacify patients whose behavior is too aggressive or unruly for the staff. Some of the most common types of drugs used for this purpose are:Chemical restraints are incredibly dangerous. (g) Restraints shall be used in such a way as not to cause physical injury to the patient and to insure the least possible discomfort to the patient. Help End Drugging of California Nursing Home Residents (a) Restraints. 14 NYCRR §526.1 Background and Intent: Facility policies and procedures should support the general intent behind the restraint and seclusion regulations. ATTORNEY JEFF MEYER IS RESPONSIBLE FOR THE CONTENT OF THIS ADVERTISMENT.JEFF MEYER IS LICENSED IN TEXAS AND CALIFORNIA. [Chinese].”http://scholarship.law.marquette.edu/cgi/viewcontent.cgi?article=1232&context=elders (b) Restraints shall only be used with a written order of a licensed healthcare practitioner acting within the scope of his or her professional licensure. The policies shall be accessible to the public upon request. (23) To be free from psychotherapeutic drugs and physical restraints used for the purpose of patient discipline or staff convenience and to be free from psychotherapeutic drugs used as a chemical restraint as defined in Section 72018, except in an emergency which threatens to bring immediate injury to the patient or others. Chemical Restraint.

(4) A chemical restraint, defined as use of a drug for the specific and exclusive purpose of controlling acute or episodic aggressive behavior. Find out what it’s medical purpose is as well as what risks it poses to you or your loved one.Hughes, Rhidian.

(e) No restraints with locking devices shall be used or available for use in a skilled nursing facility. California Code of Regulations, Title 22, Section 72018. These reforms were aimed at protecting nursing home residents of their rights. If a chemical restraint is administered during an emergency, such medication shall be only that which is required to treat the emergency condition and shall be provided in ways that are least restrictive of the personal liberty of the patient and used only for a specified and limited period of time.Chemical restraint means a drug used to control behavior and used in a manner not required to treat the patient's medical symptoms.Note: The excerpt of the following law contains pertinent provisions on the right of residents to be free from chemical restraints but excludes other parts of the law. According to the FDA, unnecessary use of antipsychotic medication kills 15,000 nursing home patients every year.Of all the drugs used as chemical restraints, antipsychotics are the most widespread and may be the most dangerous. Some patients and families are not given adequate information about the effects and risks of suggested medications, therefor provide consent in situations where they would not if they had been provided correct information. If you believe that your family member is being unnecessarily medicated in a nursing facility, you should examine their drug regimen and consult with a physician. orders for physical restraints.

The official regulations may be obtained at the State Bookstore, Room 116, Boston , MA 02133 by calling (617) 727-2831. (f) Seclusion, which is defined as the placement of a patient alone in a room, shall not be employed. The order must specify the duration and circumstances under which the restraints are to be used. These methods shall not be considered restraints.