Residents’ Rights Regarding Chemical and Physical Restraints and Abuse

The resident has the right to:

• Be free from verbal, sexual, physical, and mental abuse, corporal punishment and involuntary seclusion.

• Be free from any physical or chemical restraints — either psychotherapeutic or antipsychotic drugs — imposed for patient discipline or staff convenience. (Physical or chemical restraints may be used when required to treat the resident's medical symptoms, or in an emergency that threatens to bring immediate injury to the resident or others.)

• Be given the necessary information to be able to refuse or accept the use of psychotherapeutic drugs, physical restraints or the prolonged use of a device that may lead to the inability to regain use of normal bodily functions. This information should be what is necessary to allow the resident to give informed consent about the use of these methods.

Based on a comprehensive assessment of a resident, the facility must ensure that:

• Residents who have not used antipsychotic drugs are not given these drugs unless antipsychotic drug therapy is necessary to treat a specific condition.

• Residents who use antipsychotic drugs receive gradual dose reductions or behavioral programming in an effort to discontinue these drugs, unless clinically contraindicated.

• The facility must ensure that each resident's drug regimen is free from unnecessary drugs.

For more information on how to file a complaint, please call (310) 394-9871, ext. 432 or email ombudsman@wiseandhealthyaging.org