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HI HB2302
Bill
Status
3/4/2014
Primary Sponsor
Joseph Souki
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AI Summary
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Authorizes the Department of Health to conduct multidisciplinary and multiagency reviews of restraints and seclusion used on persons with developmental or intellectual disabilities to reduce risk of harm or death.
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Requires providers of residential support services and state and county agencies to disclose circumstances of restraints or seclusion to the department upon written request, with this requirement superseding other state confidentiality laws.
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Defines "restraints" as methods restricting freedom of movement including manual/physical restraint, mechanical devices, or psychotropic medications prescribed without appropriate diagnosis or on an as-needed basis; excludes brief comforting holds or hand-holding for safe escort.
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Protects confidentiality of review information except for statistical compilations without identifying information, which become public records; prohibits individuals participating in reviews from being questioned about review information in civil or criminal proceedings.
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Provides immunity from civil and criminal liability for all agencies and individuals participating in the multidisciplinary reviews; effective July 1, 2050.
Legislative Description
Behavioral Support Review of Restraints and Seclusion
Last Action
Referred to HTH, JDL.
3/6/2014