PUBLIC Law, Chapter 266, An Act To Require the Documentation of the Use of Seclusion and Restraint at Mental Health Institutions in the State

An Act To Require the Documentation of the Use of Seclusion and Restraint at Mental Health Institutions in the State

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 34-B MRSA c. 1, sub-c. 8 is enacted to read:

SUBCHAPTER 8

REPORTING AND DOCUMENTATION OF INCIDENTS OF USE OF SECLUSION AND RESTRAINT

§ 1951. Definitions

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings.

1. Institution. "Institution" means a public or private psychiatric institution licensed under Title 22, chapters 404 or 405 to provide psychiatric services that fall under the jurisdiction of the department.

2. Restraint. "Restraint" has the same meaning as defined in 42 Code of Federal Regulations, Section 482.13.

3. Seclusion. "Seclusion" has the same meaning as defined in 42 Code of Federal Regulations, Section 482.13.

4. Unit. "Unit" means a hospital ward or other area used to provide inpatient care.

§ 1952. Reporting of an incident of restraint or seclusion

1. Quarterly reporting by institution. An institution shall submit for each calendar quarter a report to the commissioner that includes for that institution, organized by unit:

A. The hours of restraint for each 1,000 patient hours;

B. The hours of seclusion for each 1,000 patient hours;

C. The aggregate number of incidents of restraint;

D. The aggregate number of incidents of seclusion;

E. The maximum and mean duration, across all patients, of incidents of restraint;

F. The maximum and mean duration, across all patients, of incidents of seclusion; and

G. Any other information that may be useful regarding the use of restraint or seclusion.

2. Annual reporting by institution. Annually, as soon as practicable after completing the formal quarterly report for the preceding year, an institution shall submit a report to the commissioner with the data required under subsection 1, paragraphs A to G, organized by unit.

3. Annual report by the commissioner. By January 1st of each year, the commissioner shall submit to the joint standing committee of the Legislature having jurisdiction over health and human services matters a report that includes the data submitted pursuant to subsection 1 for the previous fiscal year. The joint standing committee of the Legislature having jurisdiction over health and human services matters may report out legislation relating to the report to the next regular session of the Legislature.

§ 1953. Restraint and seclusion debriefing policy

All institutions must develop a policy for a debriefing of a client who was the subject of restraint or seclusion. The policy may not prevent a legally responsible parent, guardian or designated representative from attending the debriefing.

Sec. 2. Partial reporting for January 1, 2016. Notwithstanding the Maine Revised Statutes, Title 34-B, section 1952, subsection 3, the report from the Commissioner of Health and Human Services due January 1, 2016 may include only one calendar quarter of the data required pursuant to Title 34-B, section 1952, subsection 2 and may be incomplete if necessary.

Sec. 3. Debriefing policy deadline. Pursuant to the Maine Revised Statutes, Title 34-B, section 1953, all institutions in the State shall develop a debriefing policy by May 1, 2016.

Effective 90 days following adjournment of the 127th Legislature, First Regular Session, unless otherwise indicated.

HP0929 LD 1368	PUBLIC Law, Chapter 266 on - Session - 127th Maine Legislature
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