Gain an understanding of restraint and seclusion and the implementation and growth of statutory and regulatory authority applicable to providers.
We will look at restraints and seclusion from historical antecedents to the modern era. You can expect to learn about the history and purposes of restraint and seclusion in the realm of medical treatment, behavioral health, and carceral rehabilitation. We will cover the modern understanding of restraint and seclusion, the implementation and growth of statutory and regulatory authority applicable to providers, and discuss cases that have helped to define the contours of what is and is not permissible with restraints and seclusion. We will offer commentary on modern approaches to the use and implementation of restraints and the use of seclusion, including best practices regarding duration, monitoring, documentation, and alternatives. The presentation will address a range of implementations in the health sphere, including suggestions for staff training on best practices and compliance with the rules and regulations.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Agenda
History of Restraints and Seclusion
- Early Medical and Psychiatric Approaches
- Use in 'Modern' (19th and 20th Century) Medicine and Psychiatric Care
- Uses in Carceral Settings
- Control and Rehabilitation Goals
- 20th Century Modernization - Medicare Enabling Statutes and Regulations
482.13 Generally
- CMS Condition of Participation Standard
- 482.13 (e)
- Modern Definition
Caselaw/Constitutional Limitations
- Fourth Amendment
- Fourteenth Amendment
- Examples of Applications to Nurses, Doctors, Paramedics
Modern Approaches to Restraint and Seclusion
- Use Becoming Progressively Disfavored
- Heightened Standards for Use
- Suggested Alternative Approaches - Examples
Best Practices
- Healthcare Providers
- Psychiatric Providers
- Documentation, Orders, Duration
- Pitfalls
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on April 27, 2023.
Call 1-866-352-9540 for further credit information.
- AK CLE 1.0
- Alaska attorneys may receive 1.0 hours of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
- AL CLE 1.1
- This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.1 hours credit.
- AR CLE 1.0
- This course has been approved for 1.0 hours of CLE by the Arkansas CLE Board.
- Arizona CLE 1.0
- The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.0 hours toward your annual CLE requirement for the State Bar of Arizona.
- CA MCLE 1.0
- Lorman Education Services is a State Bar of California approved MCLE sponsor and this course qualifies for 1.0 CLE hours of participatory credit.
- CT CLE 1.0
- Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.0 CLE credit(s).
- GA CLE 1.0
- This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.0 CLE hours.
- HI CLE 1.0
- This program was approved by the Hawaii State Board of Continuing Legal Education for 1.0 CLE credit hours.
- MO CLE 1.3
- This course qualifies for self-study CLE credit in Missouri.
- ND CLE 1.0
- North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.0 hours of CLE credit.
- NH MCLE 1.1
- NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this Ondemand course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 65 Minutes.
- NM CLE 1.0
- This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.0 hours of credit.
- NV CLE 1.0
- This program has been approved by the Nevada Board of Continuing Legal Education for 1.0 CLE hours.
- PA CLE 1.0
- This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.0 hours of substantive law, practice and procedure CLE credit.
- RI CLE 1.0
- This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.0 hours of CLE credit.
- VT CLE 1.0
- This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.0 hour(s) of CLE credit. Please note: Attorneys may only claim 12 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
- WA CLE 1.0
- This program has been approved by the Washington State Board of Continuing Legal Education for 1.0 hours of A/V credit under the Law & Legal Procedure category.
- WV MCLE 1.3
- This program has been approved by the West Virginia State Bar MCLE Commission for 1.3 MCLE hours.
To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
Stuart Berman
Barker, Castro & Steinback, LLC
- Partner at Barker, Castro & Steinback, LLC in Chicago
- Practice focuses on medical malpractice, long-term care defense, and the formation of captive insurance companies; he defends hospitals, medical centers, nursing homes, physician groups, individual physicians and nurses in medical malpractice, and long-term care negligence cases
- Has particular expertise in cases involving complex and catastrophic losses, product liability, and compliance issues
- Consults and advises hospitals and other healthcare facilities on restructuring risk management processes and compliance issues
- National supervising counsel for two national insurance collectives and works to assist doctors and hospitals in forming captive insurance companies, risk retention groups, and risk purchasing groups
- Frequently speaks to medical and legal professionals regarding topics related to healthcare litigation and has written or co-written multiple publications and has written, edited, presented, and/or co-presented multiple lectures covering a range of topics in medical malpractice
- Graduate, Chicago-Kent College of Law; undergraduate, Bates College
- Can be contacted at [email protected] or 312-447-3212
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
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