Section 1180.1 Of Division 1.5. Use Of Seclusion And Behavioral Restraints In Facilities From California Health And Safety Code >> Division 1.5.
1180.1
. For purposes of this division, the following definitions
apply:
(a) "Behavioral restraint" means "mechanical restraint" or
"physical restraint" as defined in this section, used as an
intervention when a person presents an immediate danger to self or to
others. It does not include restraints used for medical purposes,
including, but not limited to, securing an intravenous needle or
immobilizing a person for a surgical procedure, or postural
restraints, or devices used to prevent injury or to improve a person'
s mobility and independent functioning rather than to restrict
movement.
(b) "Containment" means a brief physical restraint of a person for
the purpose of effectively gaining quick control of a person who is
aggressive or agitated or who is a danger to self or others.
(c) "Mechanical restraint" means the use of a mechanical device,
material, or equipment attached or adjacent to the person's body that
he or she cannot easily remove and that restricts the freedom of
movement of all or part of a person's body or restricts normal access
to the person's body, and that is used as a behavioral restraint.
(d) "Physical restraint" means the use of a manual hold to
restrict freedom of movement of all or part of a person's body, or to
restrict normal access to the person's body, and that is used as a
behavioral restraint. "Physical restraint" is staff-to-person
physical contact in which the person unwillingly participates.
"Physical restraint" does not include briefly holding a person
without undue force in order to calm or comfort, or physical contact
intended to gently assist a person in performing tasks or to guide or
assist a person from one area to another.
(e) "Seclusion" means the involuntary confinement of a person
alone in a room or an area from which the person is physically
prevented from leaving. "Seclusion" does not include a "timeout," as
defined in regulations relating to facilities operated by the State
Department of Developmental Services.
(f) "Secretary" means the Secretary of California Health and Human
Services.
(g) "Serious injury" means significant impairment of the physical
condition as determined by qualified medical personnel, and includes,
but is not limited to, burns, lacerations, bone fractures,
substantial hematoma, or injuries to internal organs.