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Spotlight on the Standards
Physical
Restraint: Intervention of Last Resort
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Standard I-01:
Use of Physical Restraint and Seclusion in Correctional
Facilities
The standard is the same in the jail and
prison versions of the 2003 Standards for Health
Services: “Clinically ordered restraint and seclusion
are available for patients exhibiting behavior dangerous
to self or others as a result of medical or mental
illness. Except for monitoring their health status, the
health services staff does not participate in the
restraint of inmates ordered by custody staff.” |
The National
Commission receives many inquiries about the use of physical
restraints in correctional facilities. Because of this high
interest—and, frequently, confusion—this Spotlight column will
focus on the “restraint” component of essential standard I-01
Use of Physical Restraint and Seclusion in Correctional
Facilities.
First Things
First
Before we delve into interpretation of the standard, a few
points must be made clear. First, this standard does not address
the custody restraints used to transport inmates or those
required due to the inmate’s security classification. In such
cases, use of these motion-limiting devices is a routine
correctional procedure set by jurisdictional authorities.
Health staff
are not involved in these cases unless there is a health-related
reason to alert custody of a contraindication or a modification
needed for a particular inmate. For example, if an inmate with a
broken leg cannot tolerate the usual leg shackle restraint,
health staff must alert security that the usual transport
protocol needs to be modified for this inmate. (See standard
A-08 Communication on Special Needs Patients.)
A second point
is that, whether correctional or clinical, all staff who apply
restraints must be trained to do so. However, in cases where the
restraints are for clinical reasons, there is no requirement
that health staff must apply them. In fact, it’s common for a
team of trained correctional staff and health staff to be
involved, with correctional staff actually applying the
clinically ordered restraints.
Third,
different devices are used for different types of restraint.
Custody ordered restraints include cuffs, belts, leg shackles
and chains, as well as leather or “soft” devices. Restraining
methods used for clinical reasons are limited to those used in
community clinical settings. These include fleece-lined leather,
rubber or canvas hand and leg restraints, two-point and
four-point restraints, and restraint chairs*. Inmates are not to
be restrained in an unnatural position, such as hog-tied,
facedown or spread-eagle.
Finally, for
both types of restraints, health staff must make a physical
assessment of the inmate initially and periodically, usually in
coordination with trained security staff monitoring the inmate.
This includes checking for circulation and nerve damage, airway
obstruction and psychological trauma. Also, each of the inmate’s
limbs should be exercised for at least 10 minutes every 2 hours
to prevent blood clots.
See the
Compliance Indicators for specific actions required of health
staff for clinically ordered restraints (Indicator 2) and
custody ordered restraints (Indicator 3).
All of this
makes sense when we consider the intent of this standard:
“[W]hen restraints are used for clinical or custody reasons, the
inmate is not harmed by the intervention.”
Custody vs.
Clinical Restraints
The usage of physical
restraint addressed by this standard is limited to emergency
situations in which an inmate’s behavior presents a danger to
self, other inmates or staff.
Clinically
ordered restraint, by definition and practice, is used only
after other interventions have failed as a last resort for the
shortest amount of time needed for the inmate to regain control.
It may never be used as discipline or as a way to control unruly
behavior.
As with
clinical restraint, in good correctional systems, custody
ordered restraint is an infrequent intervention used as a last
resort. Correctional protocols define the circumstances when
custody may intervene. If allowed by jurisdictional directive,
custody restraint also may be used as a disciplinary measure.
In all
circumstances, officers must be trained how to intervene safely.
Many jurisdictions provide training in one or more techniques of
nonviolent intervention or de-escalation.
Most of the
confusion surrounding the use of physical restraints stems from
the reason for the behavior that leads to an inmate’s restraint.
While such behavior can be caused by any number of reasons, it
is the reason for the behavior, not the behavior itself,
that dictates the role of health staff.
For example, an
angry male inmate yelling and threatening to harm an officer
could be psychotic and responding to voices, or simply very
upset because his wife did not come to visit as she had
promised. A woman refusing to enter her cell may be protesting
what she perceives as an unreasonable early termination of her
recreation time, or may be experiencing a flashback of being
raped in a locked bedroom.
It is not
always difficult to distinguish between instances of restraint
for custody vs. clinical reasons. In situations where the inmate
is known to have behavioral manifestations of mental illness
(and communication between health staff and security about
special needs must be ongoing, of course), the officers will be
quick to alert health staff on duty for the physician’s orders
for controlling the situation.
On the other
hand, some inmates are well-known among staff for ill temper or
violent behavior that’s unrelated to any illness, and
unfortunately may need periodic custody restraint to prevent
harm to others.
But it can be
challenging to determine the reason for out-of-control behavior
in inmates newly admitted to facilities, those whose medical or
mental health history is not known, and those who present with
both clinical problems and difficult personalities. This is why
custody staff must alert health staff when an inmate is put into
restraint for presumably custody reasons.
Health staff
then must review the health record for any contraindications or
required accommodations and immediately communicate these to
custody staff (Compliance Indicator 3.a.1.). When health staff
assessing the restrained inmate note a medical or mental health
condition, the physician is notified immediately so that
appropriate orders can be given (3.b).
Clinical
Restraint Issues
Therapeutic use of physical
restraint for medical reasons is relatively rare and generally
limited to use in inpatient or infirmary settings. Most commonly
it is used for those with mental health disorders, and usually,
but not always, related to noncompliance with psychotropic
medication.
Before using
physical restraint on inmates with mental health disorders,
practitioners must first try less restrictive interventions
(e.g., talk the inmate down, offer medication), as well as
consider changes in the treatment plan. Further, the health
record must document those prior interventions and treatment
plan changes for each instance of restraint use.
If restraint is
used, the question may arise as to whether the use of
psychotropic medication can shorten the period of time that
restraint is needed. While this may be a justification for
emergency administration of psychotropic medication, it should
be remembered that a restrained inmate may be willing to accept
medication and so the forced technique would not be needed. (See
standard I-02 Emergency Psychotropic Medication.)
CQI
Monitoring
The facility’s continuous quality improvement program should
monitor all incidents of clinical restraint so that patterns not
related to individual inmates may be detected. (See standard
A-06 Continuous Quality Improvement Program.) For example,
frequent use of restraint in a residential unit for those with
mental health problems would indicate a need to assess the
effectiveness of treatment being provided.
Likewise,
higher utilization of physical restraint in one housing unit vs.
another of similar numbers and classification of inmates should
prompt an examination of factors leading to such interventions,
such as the unit officers’ techniques and attitudes.
In the ideal
correctional setting, there would be no need for physical
restraint. But we must deal with what is real, so keeping the
use of this intervention to a minimum—and employing it safely
when it is needed—should be the goal.
* Restraint
chairs have been the subject of controversy in the health care
field. Restraint chairs are being used in community settings
such as inpatient psychiatric centers. Like any restraint
device, they can be harmful if used inappropriately. However,
when used according to accepted clinical guidelines, they are
reported to offer a less stressful position for the body and can
be less traumatic than other means of restraint for those who
have experienced physical or sexual abuse.
(This article first appeared in the
Winter 2006 issue of CorrectCare.)
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National Commission on Correctional Health Care
1145 W. Diversey Pkwy.,
Chicago, IL 60614
Phone (773) 880-1460 • Fax (773) 880-2424
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