Law & Legal & Attorney Government & administrative Law

Rules on Restraining Patients in Nursing Homes in Louisiana

    General Restraint Rules

    • Louisiana nursing homes cannot use restraints to make things easier and more convenient for the staff. A part of this law also includes the prohibition of restraints as a form of punishment. They can be used as a last resort protection method in the event of a patient's sudden and unexpected violent actions. If these actions place either the patient or other residents of the nursing home in immediate danger, the use of restraints is permitted until the situation resolves itself and the threat passes. Following such incidents, the nurse or attending physician who ordered the use of restraints must compile a written report that illustrates the reason he believed the use of restraints was necessary.

    Side Rail Restraint Rules

    • Side rails are a restraint if they prevent residents from getting out of bed on their own. If used for the purpose of restraining a patient, side rails are prohibited. The reason they've been forbidden as a restraining device is the fact that an injury sustained from falling out of a bed that uses side rails is greater than a fall from one without the restrictive device. Side rails also increase the likelihood that a patient will spend extended periods of time in bed. The downfall that results from this is the increased potential for injury when attempting to transfer out of the bed. The only time that side rails are permitted in Louisiana nursing homes is when they're meant to assist the patient rather than act as a restraint. For some patients, a half rail serves to aid them getting in and out of bed without acting as a restraint.

    Patient's Right to Refuse Restraints

    • In emergency situations, Louisiana nursing homes can use restraints when the attending physician deems them necessary. Except in instances of unexpected aggressive behavior that presents a threat to the patient or others, nursing home residents have the right to refuse the use of restraints. In Louisiana nursing homes, residents have their right to participate in planning their care and treatment so long as they haven't been deemed incompetent under state law. This includes not only the initial planning stages, but also any alterations that are made to a care plan already in use. Even after a patient has been declared incompetent, the nursing home should still consider the patient's personal preferences, but it's no longer a binding factor in treatment planning.

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