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kenjhnsn4 Asked June 2019

Is it against the law (NJ) to restrain an Alzheimer's patient in their bed at a rehab center?

Kathy4177 Jun 2019
I don't specifically know about NJ but I have a feeling it is illegal in most states. Some places you cannot even put railings up on their bed to prevent them from getting up and falling.

JoAnn29 Jun 2019
How is the person being restrained?

I live in NJ and restraints are not allowed. That means no straping, no bed rails. No seatbelts in their wheelchairs unless they r able to unhook them. I have read they are even questioning chair alarms to warn staff that a resident is getting up.

When the person was admitted a folder should have been given to him or a family member. In that folder are resident rights. Also, an Ombudsman's contact no. This person is not a patient, they are a resident. As such they have rights. In ur phonebook look under State Government and there should be a number for the Ombudsman. Check County too.

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cwillie Jun 2019
Physical and chemical restraints are banned pretty much everywhere unless there is a very, very good reason, and then only if used as a temporary measure.

https://nj.gov/health/healthfacilities/documents/ltc/patients_rights.pdf

AlvaDeer Jun 2019
I am thinking you mean "restrain" rather than refrain? Almost all states have ombudmen now who can be called with this question, and things may vary state to state. I honestly do not know the answer, and if this is happening, and you have POA for health care it is worth a visit to an Elder Law Attorney. I do know, that as a nurse in California we were overseen in the Hospitals by JCAHO (Joint Commission on Accreditation) and it was highly frowned upon. Hospitals could lose their licenses for doing so, and every conceivable step had to be taken first often including and up to 24 hour person in the room, net beds, etc. People could die in restraints, and every 15 minute checks were necessary and documented. I think that we NEVER ended up using them unless a patient was a danger to self or to others, and those times did occur. Have you spoken with the rehab about the reason? Do consider a phone call to an Elder Law Attorney if you can find nothing by google. Often there are people at Senior Centers willing to answer calls from concerned people free of charge. If you are in a town of any size or near one, do check the senior centers and ask if they provide a list of people in the legal system willing you give you a phone appointment. Good luck.

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