53-21-146. Right to be free from physical restraint and isolation. Patients have a right to be free from physical restraint and isolation. Except for emergency situations in which it is likely that patients could harm themselves or others and in which less restrictive means of restraint are not feasible, patients may be physically restrained or placed in isolation only on a professional person‘s written order that explains the rationale for the action. The written order may be entered only after the professional person has personally seen the patient concerned and evaluated the episode or situation that is alleged to call for restraint or isolation. Emergency use of restraints or isolation may not be for more than 1 hour, by which time a professional person must have been consulted and must have entered an appropriate order in writing. The written order is effective for no more than 24 hours and must be renewed if restraint and isolation are to be continued. Whenever a patient is subject to restraint or isolation, adequate care must be taken to monitor the patient’s physical and psychiatric condition and to provide for the patient’s physical needs and comfort. Physical restraint may not be used as punishment, for the convenience of the staff, or as a substitute for a treatment program.

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Terms Used In Montana Code 53-21-146

  • Patient: means a person committed by the court for treatment for any period of time or who is voluntarily admitted for treatment for any period of time. See Montana Code 53-21-102
  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
  • Professional person: means :

    (a)a medical doctor;

    (b)an advanced practice registered nurse, as provided for in 37-8-202, with a clinical specialty in psychiatric mental health nursing;

    (c)a licensed psychologist;

    (d)a physician assistant licensed under Title 37, chapter 20, with a clinical specialty in psychiatric mental health; or

    (e)a person who has been certified, as provided for in 53-21-106, by the department. See Montana Code 53-21-102

  • Writing: includes printing. See Montana Code 1-1-203