42 U.S.C. § 290ii — Requirement relating to the rights of residents of certain facilities

(a) In general: A public or private general hospital, nursing facility, intermediate care facility, or other health care facility that gets any support — in any form — from a federally funded program must protect and promote each resident's rights. That includes the right to be free from physical or mental abuse, corporal punishment, and any restraint or involuntary seclusion imposed just for discipline or convenience. (b) Requirements: A facility may only restrain or seclude a resident if: (1) it's imposed to keep the resident, a staff member, or others physically safe; and (2) it's imposed only on the written order of a physician, or another licensed practitioner the state and facility allow to order it — an order that spells out how long the restraint or seclusion lasts and under what circumstances it's used — except in emergencies specified by the Secretary, where such an order can come later. (c) Current law: This part doesn't override any federal or state law or regulation that already gives greater protection regarding seclusion and restraint. (d) Definitions: (1) "Restraints" means: (A) any physical restraint — a mechanical or personal restriction that immobilizes or limits someone's ability to move their arms, legs, or head freely — not including orthopedic devices, surgical dressings or bandages, protective helmets, or holding a resident briefly for a routine physical exam or test, to keep the resident from falling out of bed, or to let the resident safely join an activity (this doesn't include a "physical escort"); and (B) a drug or medication used to control behavior or restrict movement that isn't a standard treatment for the resident's medical or psychiatric condition. (2) "Seclusion" means a behavior-control technique involving locked isolation; it does not include a "time out." (3) "Physical escort" means briefly touching or holding someone's hand, wrist, arm, shoulder, or back, to help a resident who is acting out walk to a safe place. (4) "Time out" means a behavior-management technique that's part of an approved treatment program, which may involve separating a resident from the group in a non-locked setting, just to help them calm down; a time out is not seclusion.