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DISABILITY-RESEARCH  June 1999

DISABILITY-RESEARCH June 1999

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Subject:

Re: U.S. restraint legislation

From:

Frank Hall-Bentick <[log in to unmask]>

Reply-To:

[log in to unmask]

Date:

Fri, 25 Jun 1999 11:28:12 +1000

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (132 lines)

Forwarded for your information.

Frank HB

Cal Grandy wrote:

> >Return-Path: <[log in to unmask]>
> >X-Originating-IP: [208.148.52.229]
> >From: Phillip Schulman <[log in to unmask]>
> >To: [log in to unmask]
> >Subject: action alert: restraint legislation
> >Date: Thu, 24 Jun 1999 12:50:24 PDT
> >Message-Tag: 1599
> >Sender: [log in to unmask]
> >X-Listprocessor-Version: 8.2.08 -- ListProc(tm) by CREN
> >
> >
> >This is to urge you to write your Representative
> >in Congress and your Senators in support of
> >legislation recently introduced in both houses
> >that would provide increased oversight and data
> >relating to the use of restraints in psychiatric
> >and other facilities.
> >
> >The House Bill is H.R. 1313, The Patient Freedom
> >from Restraint Act of 1999; the Senate Bill is
> >S. 736, the Freedom from Restraint Act of 1999.
> >While H.R. 1313 is better than S. 736 in a number
> >of respects, we need to write our representatives
> >in each house in support of each bill.
> >
> >Neither bill would, of course, actually provide
> >freedom from restraint, but each represents
> >definite progress in assisting institutionalized
> >people, their families and advocates in
> >demonstrating the enormous harm, injury and
> >death that result from the use of restraints in
> >residential facilities--harm that too often
> >remains unpublicized, deaths that go unnoticed.
> >
> >The bills requires psychiatric facilities to
> >report data on a national level that is
> >currently not reported. H.R. 1313 would
> >require psychiatric hospitals, ICFMRs and
> >residential treatment facilities for children
> >to report the number of times restraints were
> >used, the type of restraint or seclusion used,
> >the duration of use, the rationale for use, the
> >less restrictive alternatives attempted or
> >considered, and evidence of treatment planning
> >to reduce the probability of future incidents
> >leading to the use of restraint and seclusion
> >to the State P&A, and to report the number of
> >times restraints were used in the facility to
> >the Secretary of HHS at least annually. In
> >addition, the facilities would be required to
> >report "sentinel events" to the P&A and to the
> >Secretary of HHS. "Sentinel events" include
> >death, burns, laceration, abrasion of the skin,
> >fracture of any bone or any "unexpected
> >occurrence involving a substantial impairment
> >of the physical or psychological condition of
> >a resident or patient." The Senate bill
> >requires only the reporting of sentinel events
> >to the Secretary, not the P&A, although
> >providers are required to report any sentinel
> >event resulting in death to the P&A.
> >
> >Each bill provides very mild restrictions on
> >the use of restraints -- restrictions that
> >have been part of recognized practice for
> >over a decade -- although again H.R. 1313
> >has more substantive provisions For example,
> >each bill provides that restraints may not be
> >used punitively, may only be used on the
> >written signature of a physician, unless
> >(here's the exception you were expecting)
> >it's an emergency, with emergency to be
> >defined later by the Secretary of HHS.
> >H.R. 1313 limits the physician to a two
> >hour order of restraint.
> >
> >Please write to your representative and
> >Senators with your own experiences, and
> >your knowledge of the experiences of
> >others. Urge them to explicitly include
> >emergency rooms in their legislation, and
> >to make explicit that P&As have a right of
> >action to force facilities to release the
> >information required by the bills.
> >Finally, ask for hearings, especially in
> >your letters to your Senators.
> >
> >
> >
> >Write:
> >
> >The Honorable _____________________
> >United States House of Representatives
> >Washington, D.C. 20515
> >
> >The Honorable _____________________
> >United States Senate
> >Washington, D.C. 20510
> >
> >Phone or Fax:
> >
> >Call the U.S. Capitol switchboard, 202-224-3121,
> >and ask for your  Representative's or Senator's
> >office.
> >
> >Email: (use only as a last resort, it gets much
> >less attention) forms at:
> >
> >http://congress.org/elecmail.html.
> >
> >OR... Go to the ACLU's website to automatically
> >send a letter (which you may personalize) to
> >your Congressperson via e-mail... [at]:
> >
> >http://www.aclu.org/action/restraints106.html
> >
> >
> >
> >_______________________________________________________________
> >Get Free Email and Do More On The Web. Visit http://www.msn.com
> >
> >


%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%

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