“Every resident has the right not to be restrained, except in the limited circumstances provided for under this Act and subject to the requirements provided for under this Act.”<\/p>\n
In other words:<\/strong><\/span> You have the right to be free of restraints, except in the few situations where the law says that the home can use them.<\/strong><\/p>\n A restraint<\/strong> is anything that limits how you move and stops you from doing something you might want to do. Some examples are:<\/p>\n There are some types of restraints that homes can never<\/strong> use, for example:<\/p>\n Your home must have a written policy that says how they will try to avoid using restraints whenever possible. It must say when they will use restraints and explain what the law allows them to do.<\/p>\n The home can use restraints only in a way that follows the law and where there’s a serious risk to a resident or someone else. They must try other options first. And they must use the least restraint possible.<\/p>\n The owner must make sure that the policy is followed. They must also make sure that no resident is ever restrained:<\/p>\n If you’re mentally capable<\/strong>, no one can restrain you, put you in a locked unit, or stop you from leaving the home unless you agree.<\/p>\n And you can change your mind about the restraints. For example, if you agreed to live on a locked unit, staff must let you out if you ask them.<\/p>\n You may want a friend, family member, or advocate help you decide whether restraints can be used on you.<\/p>\n If you’re not<\/strong> mentally capable, there are certain times when your substitute decision-maker may be able to decide if you’ll be restrained.<\/p>\n You may need a restraint for your own safety. This type of restraint is sometimes called a Personal Assistive Services Device (PASD). These are devices that help you with your daily activities.<\/p>\n Before a PASD can be used, it must be approved by a doctor, nurse, occupational therapist, or physical therapist.<\/p>\n Whether a device is a restraint or a PASD depends on why it’s being used.<\/p>\n For example, if a seatbelt on your wheelchair is being used to stop you from getting out, it’s a restraint. But if it’s being used to keep you safe from falling, it may be a PASD.<\/p>\n Restraints should not hurt you or make you feel uncomfortable. They must be the least restrictive type possible.<\/p>\n If you’re put in restraints, your health\u2011care providers must check on you frequently. And you must be assessed at regular times by a doctor, nurse practitioner, or a registered nurse.<\/p>\n Your doctor or nurse practitioner must tell you about any plans to use a restraint or PASD on you. And they must explain how it will be used.<\/p>\n You must be told what will happen if you agree to the restraint or PASD and what will happen if you do not agree.<\/p>\n In an emergency, the home can sometimes use restraints for a short period of time without getting your consent.<\/p>\n This can happen if there’s no other way to stop you or someone else from being seriously harmed. The law calls this the caregiver’s “common law duty”.<\/p>\n The restraints could be physical devices or drugs, or you or someone else could be put in a locked area.<\/p>\n But there are rules that the home must follow when they use restraints, even in an emergency.<\/p>\n\n
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Your home’s restraint policy<\/h2>\n
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When restraints can and cannot be used<\/h2>\n
Restraints and safety<\/h2>\n
Using restraints in an emergency<\/h2>\n