Introduction
On January 13 I was admitted into the hospital for a psychiatric evaluation. After submitting blood and urine samples, the staff members asked that I remove my clothing per their hospital policy. When I asked for a copy of their hospital policy, they denied my request. Additionally they did not inform me as to any patient rights that I had upon admission, although I requested a patient advocate.
During my admission and refusal to remove my clothing without first viewing a written hospital policy, I was forcibly restrained by male and female staff members and police officers and my clothing was removed. I was then restrained so that they could dress me into hospital scrubs. Afterwards, I was placed in seclusion and restrained again to allow for the involuntary intramuscular injection of psychotropic drugs. I was chemically restrained for the convenience of staff if not for retaliatory reasons. The medical record states accurately that I threatened to sue them for their behaviorand hence I was sedated.
The rules for restraint are undeniable pursuant to Oregon and Federal statutes. My situation did not meet the criteria for physical or chemical restraint in regard to the removal of my clothing. No accommodations were made when I asked for them and I was emotionally and physically harmed by both incidents of restraint.
Statutes pertaining to the complainant
I am an African American person and shall not be discriminated against due to the color of my skin, pursuant to Title VI, Civil Rights Act of 1964.
I am handicapped and a vulnerable person with a mental illness, recognized by Oregon Revised Statute 124.100
My disability renders me unable to care for myself and renders me unable to seek and maintain employment pursuant to the guidelines set forth by Section 504, Rehabilitation Act of 1973
Statutes in regard to restraint and seclusion
St. Charles Health System participates in Medicare and Medicaid Programs
As a condition of their participation they are to follow the guidelines in regard to restraint and seclusion pursuant to the following statutes
42 C.F.R. 482.13 Condition of participation: Patients' rights.
(f) Standard: Seclusion and restraint for behavior management.
(1) The patient has the right to be free from seclusion and restraints, of any form, imposed as a means of coercion, discipline, convenience, or retaliation by staff. The term restraint includes either a physical restraint or a drug that is being used as a restraint. A physical restraint is any manual method or physical or mechanical device, material, or equipment attached or adjacent to the patients body that he or she cannot easily remove that restricts freedom of movement or normal access to ones body. A drug used as a restraint is a medication used to control behavior or to restrict the patients freedom of movement and is not a standard treatment for the patients medical or psychiatric condition. Seclusion is the involuntary confinement of a person in a room or an area where the person is physically prevented from leaving.
(2) Seclusion or a restraint can only be used in emergency situations if needed to ensure the patients physical safety and less restrictive interventions have been determined to be ineffective.
(3) The use of a restraint or seclusion must be
(i) Selected only when less restrictive measures have been found to be ineffective to protect the patient or others from harm;
State of oregon statutes and rules
Oar 407-045-0250 1 (h) (a)
As used in OAR 407-045-0250 to 407-045-0370, the following definitions apply:
(1) Abuse of an adult with developmental disabilities means:
(h) Wrongful restraint means:
(A) A wrongful use of a physical or chemical restraint, excluding an act of restraint prescribed by a licensed physician, by any adult support team approved plan, or in connection with a court order.
OARS 309-112-0005 (7) Restraint means one or more of the following procedures:
(b) Personal Restraint means a procedure in which a patient or resident is placed in a prone or supine position or held in a chair by another person in order to restrict the physical movement of the patient or resident;
OAR 407-045-0250- Although a physician may prescribe an act of restraint, the physician must still comply with the restrictions placed on the act of restraint as dictated by OAR 309-112-0000- 309-112-0035. Any act of restraint not meeting the definitions and applications outlined in OAR 309-112-0000- 309-112-0035, must be considered WRONGFUL.
(h) Wrongful restraint means:
(A) A wrongful use of a physical or chemical restraint, excluding an act of restraint prescribed by a licensed physician, by any adult support team approved plan, or in connection with a court order.
(B) Wrongful restraint does not include physical emergency restraint to prevent immediate injury to an adult who is in danger of physically harming himself or herself or others, provided only that the degree of force reasonably necessary for protection is used for the least amount of time necessary.
OAR 309-112-0010 (1) State institutions shall not use restraint except in emergencies, as provided in OAR 309-112-0015, or as part of planned treatment or training programs as provided in 309-112-0017, and only then subject to the conditions and limitations of these rules. An order for physical restraint may not be in effect longer than 12 hours. No form of restraint shall be used as punishment, for the convenience of staff, or as a substitute for activities, treatment, or training.
(4) Medication will not be used as a restraint, but will be prescribed and administered according to acceptable medical, nursing, and pharmaceutical practices.
(10) OAR 309-112-0015 and 309-112-0017 require staff of state institutions to apply the most appropriate form of restraint consistent with the patients or residents behavior requiring intervention, the need to protect the staff and other patients and residents, the patients or residents treatment or training needs and preservation of the patients or residents sense of personal dignity and self-esteem.
OAR 309-112-0015 Use of Restraint in Emergencies
(1) Subject to the provisions of these rules, restraint may be used to manage the behavior of a patient or resident in emergencies. An emergency exists, as determined by the chief medical officer or designee if, because of the behavior of a patient or resident:
(a) There is a substantial likelihood of immediate physical harm to the patient, resident, or others in the institution; and
(b) There is a substantial likelihood of significant property damage; or
(c) The patients or residents behavior seriously disrupts the activities of other patients or residents on the ward or cottage; and
(d) Measures other than the use of restraint are deemed ineffective to manage the behavior.
ORS 430.735 1 (i) wrongful use of a physical or chemical restraint upon a person with a developmental disability, excluding an act of restraint prescribed by a licensed physician and any treatment activities that are consistent with an approved treatment plan or in connection with a court order.
ORS 430.210 (f) Receive medication only for the persons individual clinical needs.
(q) Have access to and communicate privately with any public or private rights protection program or rights advocate.
ORS 426.385 Every mentally ill person committed to the Oregon Health Authority shall have the right to: (c) Wear the clothing of the person;
ORS 124.105 (3) An action may be brought under ORS 124.100 for physical abuse if the defendant used a physical or chemical restraint, or psychotropic medication on the vulnerable person without an order from a physician licensed in the State of Oregon or under any of the following conditions:
(a) For the purpose of punishing the vulnerable person.
(b) For any purpose not consistent with the purposes authorized by a physician.
Facts
I was retained in Custody on authority of ORS 426.070 and ORS 426.228
I was admitted and held in custody on authority of ORS 426.232 (a).
No Emergency existed pursuant to OAR 309-112-0015
I was wrongfully restrained in violation of ORS 430.735
1 (i) and ORS 430.210 (f) and I was not allowed to wear my own clothing after they had been searched, in violation of ORS 426.385 (c).
I was denied access to rules and rights of a mentally ill person when requested of SCMC staff in violation of ORS 430.210 (q).
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