What limitations apply to nursing homes in the area of restraining a patient?
A. Federal law prevents the use by a nursing home of any medication or restraint for purposes of discipline or convenience. Consequently, the use of tranquilizing medication is prohibited if the purpose is simply to make a resident easier to handle. Similarly, a side rail is a physical restraint, as are ties or vests that hold a resident in a wheel chair, which cannot be used merely for convenience or for discipline. There have been instances in which a nursing home has asked the family for a waiver or a release from liability if, due to the objection of the family, a tranquilizing medication or physical restraint is not to be used which the nursing home desires to implement. It is probably improper for a nursing home to arrange for a waiver of its legal responsibilities and to condition the withholding of a restraint or medication which is not desired by the resident or family unless the waiver or release is provided. As an aside, courts have held that an Alzheimer’s resident was not
