A certified nursing assistant (CNA) from a Texas nursing home was arrested after police say she tied a 55-year-old resident to a bed using a pair of leggings. The 34-year-old defendant was taken into custody on March 20, facing a charge of unlawful restraint with the potential for serious bodily injury.
The incident came to light when a CNA on the day shift discovered the resident tied to the bed at approximately 8:15 a.m. on March 6. The resident, who has Huntington’s Disease, schizoaffective disorder, and anxiety disorder, is unable to move independently and has a history of falling.
The investigation into the matter began shortly after the discovery. It was later revealed that the defendant had been working an overnight shift as a CNA. She was subsequently questioned when police launched their inquiry on March 11.
During the investigation, the defendant acknowledged restraining the resident after hearing another resident call for help. She explained that after attending to the second resident, she forgot about the first, and when she clocked out around 6 a.m., she left the resident still restrained. According to the police report, the defendant stated she had placed the leggings around the resident’s body at approximately 3:15 a.m. and claimed the restraint was necessary to prevent the resident from falling.
Compliance Perspective
Issue
Each resident should be free from chemical and physical restraints except as follows: when authorized in writing by a physician for a specified period of time; when necessary in an emergency to protect the resident from injury to the resident or to others, in which case restraints may be authorized by designated professional personnel who promptly report the action taken to the physician; and in the case of an intellectually disabled individual when ordered in writing by a physician and authorized by a designated qualified intellectual disabilities professional for use during behavior modification sessions. Mechanical supports used in normative situations to achieve proper body position and balance shall not be considered to be a restraint.
Discussion Points
- Review your policies and procedures for nursing services and other trained disciplines in providing quality care for residents, supervision and training of staff, and the use of restraints. Also review your policies and procedures for resident safety including fall prevention protocols and adequate monitoring to prevent elopement. Update policies as needed.
- Train staff regarding the importance of providing adequate monitoring and care for the residents, and the proper use of restraints. Establish a stop, look, listen care plan for residents at risk of falls. This means that any staff person passing the room should look into the room, listen for problems as they pass, even if it is not someone on their assignment that day and the resident has not called for assistance.
- Periodically audit to ensure that staff are aware of what constitutes a restraint, and that any restraint used on residents is authorized by a physician and for the specified period of time. Also periodically audit care plans to ensure that they are appropriate and contain evidence-based interventions to keep residents free from injury, that interventions are revised as needed, and that staff are informed of changes.
*This news alert has been prepared by Med-Net Concepts, Inc. for informational purposes only and is not intended to provide legal advice.*
