Section 42-158-1. – Short title.

§ 42-158-1. Short title. This chapter shall be known and may be cited as the “Freedom from Prone Restraint Act.” History of Section.P.L. 2016, ch. 94, § 1; P.L. 2016, ch. 102, § 1.

Section 42-158-2. – Fundamental purpose.

§ 42-158-2. Fundamental purpose. This chapter is enacted to protect and promote the right of each person who is served by a covered facility to be free from the use of prone restraint. Research has shown that prone restraint is a hazardous and potentially lethal position. History of Section.P.L. 2016, ch. 94, § 1; P.L. […]

Section 42-158-3. – Definitions.

§ 42-158-3. Definitions. For the purpose of this chapter: (1) “Service provider” means any person employed or contracted by a covered facility to provide support or care, residential support, education, health care, treatment, or direct supervision. (2) “Covered facility” means any agency, organization, or public or private entity, regardless of the state agency under whose […]

Section 42-158-4. – Use of restraints.

§ 42-158-4. Use of restraints. No service provider of any covered facility may use a prone restraint at any time. History of Section.P.L. 2016, ch. 94, § 1; P.L. 2016, ch. 102, § 1.

Section 42-158-5. – Training and policies.

§ 42-158-5. Training and policies. Each covered facility shall: (1) Develop policies and procedures that establish monitoring, documentation, reporting, and internal review of the use of restraint in accordance with this chapter. (2) Require training of all service providers in the reduction/elimination of restraint and seclusion. The training shall be approved by the director of […]

Section 42-158-6. – Study commission.

§ 42-158-6. Study commission. (a) A joint legislative study commission is hereby created to study the restraint reporting requirements and training approaches of each of the covered facilities and make recommendations to ensure that reporting is as uniform as possible and appropriate data is collected to inform practice and policy decisions. (b) The study commission […]