Page:United States Statutes at Large Volume 114 Part 2.djvu/316

 114 STAT. 1198 PUBLIC LAW 106-310—OCT. 17, 2000 and less restrictive interventions have been determined to be ineffective; and "(B) the restraints or seclusion are imposed only by an individual trained and certified, by a State-recognized body (as defined in regulation promulgated by the Secretary) and pursuant to a process determined appropriate by the State and approved by the Secretary, in the prevention and use of physical restraint and seclusion, including the needs and behaviors of the population served, relationship building, alternatives to restraint and seclusion, deescalation methods, avoiding power struggles, thresholds for restraints and seclusion, the physiological and psychological impact of restraint and seclusion, monitoring physical signs of distress and obtaining medical assistance, legal issues, position asphyxia, escape and evasion techniques, time limits, the process for obtaining approval for continued restraints, procedures to address problematic restraints, documentation, processing with children, and follow-up with staff, and investigation of injuries and complaints. " (2) INTERIM PROCEDURES RELATING TO TRAINING AND CER- TIFICATION.— "(A) IN GENERAL.— Until such time as the State develops a process to assure the proper training and certification of facility personnel in the skills and competencies referred in paragraph (1)(B), the facility involved shall develop and implement an interim procedure that meets the requirements of subparagraph (B). "(B) REQUIREMENTS. —^A procedure developed under subparagraph (A) shall— "(i) ensure that a supervisory or senior staff person with training in restraint and seclusion who is competent to conduct a face-to-face assessment (as defined in regulations promulgated by the Secretary), will assess the mental and physical well-being of the child or youth being restrained or secluded and assure that the restraint or seclusion is being done in a safe manner; "(ii) ensure that the assessment required under clause (i) take place as soon as practicable, but in no case later than 1 hour after the initiation of the restraint or seclusion; and "(iii) ensure that the supervisory or senior staff person continues to monitor the situation for the duration of the restraint and seclusion. "(3) LIMITATIONS. — "(A) IN GENERAL.— The use of a drug or medication that is used as a restraint to control behavior or restrict the resident's freedom of movement that is not a standard treatment for the resident's medical or psychiatric condition in nonmedical community-based facilities for children and youth described in subsection (a)(1) is prohibited. " (B) PROHIBITION.— The use of mechanical restraints in non-medical, community-based facilities for children and youth described in subsection (a)(1) is prohibited. "(C) LIMITATION. —^A non-medical, community-based facility for children and youth described in subsection (a)(1)

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