Public Hospitals Amendment Act (Patient Restraints), 2000 Lankin, Frances — Bill 135 (37th Parliament, 1st Session)

Bill 135, 37-1

Ontario — Bills

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Bill 135, Public Hospitals Amendment Act (Patient Restraints), 2000

Lankin, Frances

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[37] Bill 135 Original (PDF)

Bill 135

Bill 1352000

An Act to amend the

Public Hospitals Act

to regulate the use of

restraints that are not

part of medical treatment

Her Majesty, by and with the advice and consent of the Legislative

Assembly of the Province of Ontario, enacts as follows:

1. The Public Hospitals Act is amended by adding the

following section:

Patient restraints

34.1

(1) A hospital may use a restraint for a patient

only in accordance with this section.

Definitions

(2) In this section, "

restraint" means a physical restraint in the form of a device, apparatus

or barrier used to restrict a patient's freedom of movement for purposes

other than medical treatment of the patient; ("mesure de contention") "

substitute decision-maker" means a patient's substitute decision-maker

under

Part II of the Health Care Consent Act, 1996. ("mandataire

spcial")

Permitted use

(3) A hospital may use a restraint only if all of the following conditions

are satisfied:

1.The use of the restraint is necessary to protect the patient or others

from serious bodily injury.

2.Consent to the use of the restraint is given by the patient or by the

patient's substitute decision-maker, if the patient is incapable of giving

consent.

3.The use of the restraint is ordered in writing by a physician.

Exception

(4) Despite paragraph 2 of subsection (3), a restraint may be used without

the consent of the patient or the patient's substitute decision-maker if

immediate action is necessary to prevent serious bodily injury to the patient

or to others.

Physician's order

(5) In making an order for the use or continued use of a restraint, a

physician shall determine the type of restraint that will provide the

necessary protection with the least restriction on the patient and shall

specify the use of that type of restraint in the order.

No physical injury

(6) A restraint must be designed not to cause physical injury to the

patient and must be designed to cause the least amount of discomfort to the

patient.

Trained staff

(7) A restraint may be applied only by a person who has received

appropriate training on the proper use of the restraint, on alternate types

of restraints and on other methods to identify and resolve situations that

may otherwise require the use of a restraint.

Duration of use

(8) A restraint must not be used for a period longer than necessary and,

in no case, for a period exceeding two hours unless a physician reassesses

the need for the restraint and gives a new written order under this

section.

Monitoring

(9) Hospital staff shall examine a patient at least every 15 minutes while

the patient's freedom of movement is restricted by a restraint and shall

change the patient's position every hour.

Patient chart

(10) Every use of a restraint must be noted on the patient's chart with

the following information:

1.The type of restraint used.

2.The date, the time and the length of time the restraint is used.

3.The types of less restrictive restraints considered by the physician and

the reasons they were not specified in the order.

4.If appropriate for the patient, information on treatment planning

designed to reduce the need to use a restraint.

Disclosure of information

(11) If a restraint is used without the consent of the patient or the

patient's substitute decision-maker in circumstances described in subsection

(4), the hospital shall disclose the information described in subsection

(10) concerning the use of the restraint to the patient or the substitute

decision-maker within a reasonable time after the use of the restraint.

Prohibited use

(12) A restraint must not be used for any of the following purposes:

1.Replacement of personal attention to the patient or to reduce the need

for staff supervision or medical treatment of the patient.

2.Punishment of the patient.

3.Convenience of the hospital staff.

Policies and procedures

(13) Every hospital shall establish written policies and procedures

governing the use of restraints that comply with the requirements listed in

subsections (3) to (12).

Available to patients

(14) Every hospital shall provide a copy of its policies and procedures

governing the use of restraints to patients on admission to the hospital and

shall post the policies and procedures in patient rooms.

Commencement

2. This Act comes into force on the day it receives Royal

Assent.

Short title

3. The

short title of this Act is the Public Hospitals

Amendment Act (Patient Restraints), 2000.

EXPLANATORY NOTE

The Bill amends the Public Hospitals Act to enact new

section

34.1 to regulate the use of restraints that are not part of a patient's

medical treatment. A restraint may be used only on the written order of a

physician to protect the patient or others from serious bodily injury. The

least restrictive restraint that will provide the necessary protection must

be used. The use of a restraint in excess of two hours requires reassessment

and a new order by a physician. Policies and procedures governing the use of

restraints must be established by hospitals, consistent with the rules set

out in the section. The policies and procedures must be provided to patients

on admission and posted in patient rooms.

Date Bill stage Activity Committee

February 13, 2001

Consideration of a Bill

Standing Committee on the Legislative Assembly

February 12, 2001

Consideration of a Bill

Standing Committee on the Legislative Assembly

November 23, 2000

Ordered referred to Standing Committee

Standing Committee on the Legislative Assembly

November 23, 2000

Second Reading

Carried on division

November 1, 2000

First Reading

Carried

Debates and Progress

First Reading

November 1, 2000

Second Reading

November 23, 2000

Ms Lankin, Mr Tascona, Mrs McLeod, Ms Martel, Mr Dunlop,

Mr Bradley, Mr Wettlaufer, Mrs Pupatello, Mr Galt

carried on division and referred to the Standing

Committee on Legislative Assembly.

Committee

Legislative Assembly

February 12, 2001

February 13, 2001

Third Reading

Royal Assent :

Coming into force :Royal Assent.

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Document details

Collection	Ontario — Bills
Citation	Bill 135, 37-1
Type	bill
Volume / chapter	p37 s1 bill 135 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	9474bb9f0af69af21a0d7a9853477c4fc58c9c5a

Source file is stored in the law ingest library (html).