2019 New Mexico Statutes
Chapter 32A - Children's Code
Article 6A - Children's Mental Health and Developmental Disabilities
Section 32A-6A-10 - Physical restraint and seclusion.
A. When providing any treatment or habilitation, physical restraint and seclusion shall not be used unless an emergency situation arises in which it is necessary to protect a child or another from imminent, serious physical harm or unless another less intrusive, nonphysical intervention has failed or been determined ineffective.
B. A treatment and habilitation program shall provide a child and the child's legal custodian with a copy of the policies and procedures governing the use of restraint and seclusion.
C. When a child is in a restraint or in seclusion, the mental health or developmental disabilities professional shall document:
(1) any less intrusive interventions that were attempted or determined to be inappropriate prior to the incident;
(2) the precipitating event immediately preceding the behavior that prompted the use of restraint or seclusion;
(3) the behavior that prompted the use of a restraint or seclusion;
(4) the names of the mental health or developmental disabilities professional who observed the behavior that prompted the use of restraint or seclusion;
(5) the names of the staff members implementing and monitoring the use of restraint or seclusion; and
(6) a description of the restraint or seclusion incident, including the type and length of the use of restraint or seclusion, the child's behavior during and reaction to the restraint or seclusion and the name of the supervisor informed of the use of restraint or seclusion.
D. The documentation shall be maintained in the child's medical, mental health or educational record and available for inspection by the child's legal custodian.
E. The child's legal custodian shall be notified immediately after each time restraint or seclusion is used. If the legal custodian is not reasonably available, the mental health or developmental disability professional shall document all attempts to notify the legal custodian and shall send written notification within one business day.
F. After an incident of restraint or seclusion, the mental health or developmental disabilities professional involved in the incident shall conduct a debriefing with the child in which the precipitating event, unsafe behavior and preventive measures are reviewed with the intent of reducing or eliminating the need for future restraint or seclusion. The debriefing shall be documented in the child's record and incorporated into the next treatment plan review.
G. As promptly as possible, but under no circumstances later than five calendar days after a child has been subject to restraint or seclusion, the treatment team shall meet to review the incident and revise the treatment plan as appropriate. The treatment team shall identify any known triggers to the behavior that necessitated the use of restraint or seclusion and recommend preventive measures that may be used to calm the child and eliminate the need for restraint or seclusion. In a subsequent review of the treatment plan, the treatment team shall review the success or failure of preventive measures and revise the plan, if necessary, based on such review.
H. Physical restraint shall be applied only by a mental health or developmental disabilities professional trained in the appropriate use of physical restraint.
I. In applying physical restraint, a mental health or developmental disabilities professional shall use only reasonable force as is necessary to protect the child or other person from imminent and serious physical harm.
J. Seclusion shall be applied only by mental health or developmental disabilities professionals who are trained in the appropriate use of seclusion.
K. At a minimum, a room used for seclusion shall:
(1) be free of objects and fixtures with which a child could self-inflict bodily harm;
(2) provide the mental health or developmental disabilities professional an adequate and continuous view of the child from an adjacent area; and
(3) provide adequate lighting and ventilation.
L. During the seclusion of a child, the mental health or developmental disabilities professional shall:
(1) view the child placed in seclusion at all times; and
(2) provide the child placed in seclusion with:
(a) an explanation of the behavior that resulted in the seclusion; and
(b) instructions on the behavior required to return to the environment.
M. At a minimum, a mental health or developmental disabilities professional shall reassess a child in restraint or seclusion every thirty minutes.
N. The use of a mechanical restraint is prohibited in a mental health and developmental disability treatment setting unless the treatment setting is a hospital that is licensed and certified by and meets the requirements of the joint commission for the accreditation of health care organizations or a facility created pursuant to the Adolescent Treatment Hospital Act [23-9-1 to 23-9-7 NMSA 1978].
O. This section does not prohibit a mental health or developmental disabilities professional from using a mechanical support or protective device:
(1) as prescribed by a health professional; or
(2) for a child with a disability, in accordance with a written treatment plan, including but not limited to a school individualized education plan or behavior intervention plan.
History: Laws 2007, ch. 162, § 10; 2008, ch. 75, § 3.
ANNOTATIONSThe 2008 amendment, effective May 14, 2008, in Subsection A, eliminated the qualification that Subsection A applies to mental health or developmental disability settings and added authority to use restraint and seclusion in an emergency situation; and in Subsection N, permitted mechanical restraint in a hospital that is licensed or in a facility created pursuant to the Adolescent Treatment Hospital Act.
