(1) Restraints. In accordance with federal regulations at 42 CFR § 483.13, the resident has the right to be free from any physical or chemical restraints imposed for purposes of:
(a) Discipline or convenience, and not required to treat the resident's medical symptoms; or
(b) Preventing or limiting independent mobility or activity, except that a restraint may be used in a bona fide emergency situation when necessary to prevent a person from inflicting injury upon self or others. The medicaid nursing facility shall obtain within seventy-two hours a physician's order for proper treatment resolving the emergency situation and eliminating the cause for the restraint.
(2) Abuse. The resident has the right to be free from verbal, sexual, physical, and mental abuse, corporal punishment, and involuntary seclusion.
(a) The medicaid certified nursing facility shall develop and implement written policies and procedures that prohibit mistreatment, neglect and abuse of residents and misappropriation of resident property.
(b) The medicaid certified nursing facility shall:
(i) Not use verbal, mental, sexual, or physical abuse, corporal punishment or involuntary seclusion; and
(ii) Not employ persons who have been:
(A) Found guilty of abusing, neglecting or mistreating residents; by a court of law; or
(B) Have had a finding entered into the state nurse aide registry concerning abuse, neglect, mistreatment of residents, and misappropriation of their property; and
(iii) Report any knowledge it has of actions by court of law against an employee, which would indicate unfitness for services as a nurse aide or other medicaid certified nursing facility staff to the state nurse aid registry or licensing authorities.
(c) The medicaid certified nursing facility shall ensure that all alleged violations involving mistreatment, neglect or abuse including injuries of unknown source, and misappropriation of resident property are reported immediately to the superintendent or designated representative of the medicaid certified nursing facility and to other officials in accordance with state law through established procedures (including the state survey and certification agency).
(d) The medicaid certified nursing facility shall:
(i) Have evidence that all alleged violations are thoroughly investigated; and
(ii) Prevent further potential abuse while the investigation is in progress.
(e) The results of all investigations shall be reported to the superintendent or his/her designated representative and to other officials in accordance with state law (including to the state survey and certification agency) within five working days of the incident, and if the alleged violation is verified, appropriate corrective action must be taken.
[Statutory Authority: RCW 43.60A.070, chapter 72.36 RCW and 2001 2nd sp.s. c 4. 01-23-001, § 484-20-086, filed 11/7/01, effective 12/8/01. Statutory Authority: RCW 43.60A.070 and chapter 72.36 RCW. 94-22-050, § 484-20-086, filed 10/31/94, effective 12/1/94.]