§290ii Requirement Relating to the Rights of Residents of Certain Facilities

Summary

Public or private hospitals, nursing homes, and similar health facilities that get any federal support must protect residents’ rights. Residents must be kept free from physical or mental abuse, corporal punishment, and from restraints or locked isolation used just for discipline or convenience. Restraints or locked isolation can only be used to keep someone, staff, or others safe, and only with a written order from a doctor or another licensed practitioner the state and facility allow to make such orders. That order must say how long and in what situations the restraint or isolation can be used, except in emergencies allowed by the federal Secretary until a written order can reasonably be obtained. Definitions in brief: Restraints — physical devices or drugs used to limit movement or control behavior (excludes prescribed medical devices, dressings, protective gear, holding for exams or to prevent falls, and does not include a physical escort). Seclusion — locked isolation for behavior control (not a time out). Physical escort — briefly touching to guide someone to safety. Time out — a non-locked, approved calming separation. Stronger federal or state protections still apply.