NRS449.778. Physical restraint: Permissible use; report of use in emergency.

      1.  Except as otherwise provided in subsection 2, physical restraint may be used on a person with a disability who is a patient at a facility only if:

      (a) An emergency exists that necessitates the use of physical restraint;

      (b) The physical restraint is used only for the period that is necessary to contain the behavior of the patient so that the patient is no longer an immediate threat of causing physical injury to himself or herself or others or causing severe property damage; and

      (c) The use of force in the application of physical restraint does not exceed the force that is reasonable and necessary under the circumstances precipitating the use of physical restraint.

      2.  Physical restraint may be used on a person with a disability who is a patient at a facility and the provisions of subsection 1 do not apply if the physical restraint is used to:

      (a) Assist the patient in completing a task or response if the patient does not resist the application of physical restraint or if the patient’s resistance is minimal in intensity and duration;

      (b) Escort or carry a patient to safety if the patient is in danger in his or her present location; or

      (c) Conduct medical examinations or treatments on the patient that are necessary.

      3.  If physical restraint is used on a person with a disability who is a patient at a facility in an emergency, the use of the procedure must be reported as a denial of rights pursuant to NRS 449.786, regardless of whether the use of the procedure is authorized by statute. The report must be made not later than 1 working day after the procedure is used.

      (Added to NRS by 1999, 3249)