Criminal Restraint

Charges of criminal restraint have usually been levied at police and correctional officers, but there is a surge in cases coming forward against hospitals and assisted living facilities. Much of this has to do with changes in the demographics of those receiving care, the state of their power of attorney, and whether or not the facility is in contract to allow the use of 4 point restraints. While chemical restraints are also increasing in popularity, the hot bed issue is charges of physical restraints.

When hospitals outsource mental health crisis care

Decades ago, policies and laws changed to provide persons seeking mental health crisis care with more protection for their basic human right. Part of this revision included banning 4 point restraints unless deemed absolutely necessary was put into practice. There was a corresponding increase in education of healthcare providers about effective intervention practices and chemical restraint options. During the past two decades hospitals have begun to outsource their mental health crisis care units to independent corporate care providers. Many of these care providers come with a different terms of agreement with much broader definitions of necessity for restraints. In many cases there are cases charging criminal restraint in violation of HIPAA and patient rights by these corporations. The question is whether a hospital and care corporation can create a legal contract that allows them to circumvent the law in restraining patients.

Pending legislation about 4 point restraints and Alzheimer’s patients

According to experts at MyRights Immigration, In Rhode Island there is pending legislation to institute the use of 4 point restraints on Alzheimer’s and nursing home patients who are considered to be fall risks. This radically changes the definition of necessity that is the boundary of a criminal restraint charge. While the law is being promoted by the son of a woman who fell and died in a home as she walked unaided, many see this as an affront to the basic human dignity of a population that should be protected.

The test of durability

At the core of these charges is a test of the durability of the power of attorney signed upon entrance to a crisis care facility or care facility. Currently the determination of when a patient passes in and out of competence is left to the person determining the necessity of restraints. For criminal charges to apply, there must be a verifiable lack of review process of competence in order to pre-authorize the use of restraints. Get a denver immigration attorney. Denver Colorado top immigration attorneys. We protect your rights.