59-2977. Restraints; seclusion. (a) Restraints or seclusion shall not be applied to a patient unless it is determined by the head of the treatment facility or a physician or psychologist to be necessary to prevent immediate substantial bodily injury to the patient or others and that other alternative methods to prevent such injury are not sufficient to accomplish this purpose. Restraint or seclusion shall never be used as a punishment or for the convenience of staff. The extent of the restraint or seclusion applied to the patient shall be the least restrictive measure necessary to prevent such injury to the patient or others, and the use of restraint or seclusion in a treatment facility shall not exceed 3 hours without medical reevaluation, except that such medical reevaluation shall not be required, unless necessary, between the hours of 12:00 midnight and 8:00 a.m. When restraints or seclusion are applied, there shall be monitoring of the patient's condition at a frequency determined by the treating physician or psychologist, which shall be no less than once per each 15 minutes. The head of the treatment facility or a physician or psychologist shall sign a statement explaining the treatment necessity for the use of any restraint or seclusion and shall make such statement a part of the permanent treatment record of the patient.
(b) The provisions of subsection (a) shall not prevent, for a period not exceeding 2 hours without review and approval thereof by the head of the treatment facility or a physician or psychologist:
(1) Staff at the state security hospital from confining patients in their rooms when it is considered necessary for security or proper institutional management;
(2) the use of such restraints as necessary for a patient who is likely to cause physical injury to self or others without the use of such restraints;
(3) the use of restraints when needed primarily for examination or treatment or to insure the healing process; or
(4) the use of seclusion as part of a treatment methodology that calls for time out when the patient is refusing to participate in a treatment or has become disruptive of a treatment process.
(c) "Restraints" means the application of any devices, other than human force alone, to any part of the body of the patient for the purpose of preventing the patient from causing injury to self or others.
(d) "Seclusion" means the placement of a patient, alone, in a room, where the patient's freedom to leave is restricted and where the patient is not under continuous observation.
History: L. 1996, ch. 167, ยง 33; Apr. 18.
Structure Kansas Statutes
Article 29 - Care And Treatment For Mentally Ill Persons
59-2945 Name and citation of act.
59-2948 Civil rights of persons subject to the provisions of this act.
59-2950 Discharge of a voluntary patient.
59-2951 Right to discharge of voluntary patient; procedure.
59-2952 Petition for involuntary commitment of a voluntary patient.
59-2953 Investigation; emergency detention; authority and duty of law enforcement officers.
59-2954 Emergency observation and treatment; authority of treatment facility's procedure.
59-2955 Notice of right to communicate upon admission; notice of admission; notice of rights.
59-2956 Emergency observation; discharge.
59-2958 Ex parte emergency custody order.
59-2959 Temporary custody order; request for; procedure.
59-2960 Preliminary orders; continuances and advancement of trial.
59-2961 Order for a mental evaluation; procedure.
59-2962 Mental evaluation; hearing in noncustodial circumstances.
59-2964 Continuance of hearings; order of referral for short-term treatment.
59-2965 Trial upon the petition; procedure.
59-2966 Order for treatment; dismissal.
59-2968 Admissions to a state psychiatric hospital; moratorium; procedure.
59-2969 Hearing to review status of patient; procedure.
59-2972 Transfer by secretary for aging and disability services.
59-2974 Notice of discharge; restoration of certain rights.
59-2975 Unauthorized absence; procedure.
59-2976 Administration of medications and other treatments.
59-2977 Restraints; seclusion.
59-2979 Disclosure of records.
59-2980 Civil and criminal liability.
59-2981 Costs; payment by residence county, when.
59-2982 Notice of death of patients in treatment facilities.
59-2983 Applicability to persons in custody on criminal charges.