Which level of health care provider may make the decision to apply physical restraints to a client?

Code of Medical Ethics Opinion 1.2.7

Code of Medical Ethics Opinion 1.2.7

All individuals have a fundamental right to be free from unreasonable bodily restraint. At times, however, health conditions may result in behavior that puts patients at risk of harming themselves. In such situations, it may be ethically justifiable for physicians to order the use of chemical or physical restraint to protect the patient.

Except in emergencies, patients should be restrained only on a physician’s explicit order. Patients should never be restrained punitively, for convenience, or as an alternate to reasonable staffing.

Physicians who order chemical or physical restraints should:

  1. Use best professional judgment to determine whether restraint is clinically indicated for the individual patient.
  2. Obtain the patient’s informed consent to the use of restraint, or the consent of the patient’s surrogate when the patient lacks decision-making capacity. Physicians should explain to the patient or surrogate:
    1. Why restraint is recommended
    2. What type of restraint will be used
    3. Length of time for which restraint is intended to be used
  3. Regularly review the need for restraint and document the review and resulting decision in the patient’s medical record.

In certain limited situations, when a patient poses a significant danger to self or others, it may be appropriate to restrain the patient involuntarily. In such situations, the least restrictive restraint reasonable should be implemented and the restraint should be removed promptly when no longer needed.

AMA Principles of Medical Ethics: I, IV

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Restraints are behavioural management interventions used only when a nurse has the legal authority to do so and as a last resort. Restraints may be physical (manual holds), mechanical (pinel-type restraints), environmental (seclusion or locked rooms), or chemical (sedation). Applying restraint or seclusion without consent or legal authority is assault and a criminal offence.

Restraints are not a substitute for providing a safe environment or proper care and management of any person in care. Nurses are aware of applicable BCCNM standards, limits and conditions, relevant legislation, best evidence, and employer policies related to restraint use.

To carry out a restraint activity, nurses:

  1. Obtain consent from the client or the ​​client's substitute decision maker, or have legal authority overriding the consent requirement.

  2. Have the competencies to use restraints safely.

  3. Follow their employer's restraint ​​policy.

  4. Follow BCCNM's Consent practice standard​ and employer policies when obtaining consent.​

​In addition, RPNs have further limits and conditions on restraint use, as per the Scope of Practice for Registered Psychiatric Nurses.​

​In non-emergency situations, RPNs require an order as outlined in the Scope of Practice standard for the use of restraints. Employer policy may also require an order for restraint use by a nurse. ​

Emergency and non-emergency restrain use are governed by different legislation​. Legislative exemptions for consent in emergency situations inclu​de:

  • To preserve life, prevent serious physical or mental harm, or treat severe pain when an adult is incapable of giving consent and there is no appropriate substitute decision maker available. For example, a nurse working in an emergency room may apply restraint with a physically aggressive adult who is incapable of providing consent.

  • To act beyond their scope of practice if they have the competence to do so if there is imminent risk of death or serious harm arising unexpectedly and requiring urgent action. For example, a nurse may apply restraint without a doctor's order for a client certified under the Mental Health Act who is in immediate danger of significantly harming themselves or others​​​.

  • If a client is admitted for involuntary psychiatric treatment in a designated facility under the Mental Health Act, the need for consent is limited. However, a nurse should always try to obtain consent even if there is legislation that authorizes a nurse to act without consent.

Nurses do not make decision about restraints for non-health care purposes (i.e., securing a prisoner undergoing care). How​​ever, if restraint is being applied for non-health care purposes, legal authority is required (i.e., Correction Act, Criminal Code of Canada, and Corrections and Conditional Release Act).  

For example, a nurse working in federal corrections may at times be acting as a nurse and as a peace officer. If a restraint is strictly for security reasons, consent is not required since legislation authorizes the use of reasonable force in the corrections setting. However, if restraint is required for health care, then consent is required, unless an exemption applies (see above).

Nurses have an ethical obligation to inform the client that they are being restrained, even if the person cannot consent (e.g., if they are certified under the Mental Health Act).​ 

Duties to a client when using restraints

The use of restraint carries risks to a cli​​ent’s emotional and physical safety. Restraints should be considered as a last resort intervention, used temporarily in behavioural emergencies when other strategies have failed to keep the individual and others safe. Nurses should work to end the use of restraints as soon as possible, and ensure the client’s health, well-being, and condition are monitored, consistent with employer policy. 

Restraint and controls on practice​​

Nurses need to consider how the controls on practice impact restraint usage:

What does legislation allow? Under the Health Professions Act, the nursing regulations allow nurses to apply restraint. The law requires consent for these activities except under specific circumstances, as outlined above.

What do the BCCNM standards, limits and conditions allow? Nurses must meet the standards, limits and conditions as laid out in the Scope of Practice standards when applying restraint. 

What do my employer policies allow? Nurses are responsible for following any employer policies related to restraint.

What does my individual competence allow? Nurses ensure they have the competencies  to apply restraint in both emergency and non-emergency situations, and to do so safely.

​Scenario

Ally works on a facility’s special care unit. An 86-year-old client living with Alzheimer’s disease has had numerous falls when attempting to get out of his chair. Ally knows the facility has a least restraint policy and has tried to prevent the client from falling by using the strategies outlined in the policy; however, she has not been successful in keeping him safe.

Ally assesses the client and determines that a non-emergency restraint is needed for client safety and that a lap restraint would be appropriate while he is sitting in his chair. Ally reviews her employer’s policy and asks for input from the health care team. 

Ally explains to the client and his family the rationale for using a lap restraint, including the risks and benefits, and they give consent. Ally obtains an order from the client’s doctor for the use of a lap restraint when the client is in his chair. 

Ally documents her activities and updates the client’s plan of care to include applying a lap restraint while he is in his chair; the plan of care will be re-evaluated daily to determine if the restraint is still needed. Ally documents provided nursing care, including restraint use assessment, application, monitoring, and evaluation, as outlined in the Documentation practice standard and her employer’s policy.

BCCNM standards and resources

  • Consent practice standard
  • Documentation practice standard
  • Professional Standards
  • Scope of Practice
  • Legislation ​relevant to nurses' practice​​​


What should the nurse do prior to applying physical restraints?

What should the nurse do prior to administering physical restraints? Initially, provide a restraint-free environment. The nurse manager is reviewing the use of restraints during an in service with the staff.

What is the nursing care for a patient in 4 point restraints?

Monitor the patient in four-point restraints every 15 minutes. Know that these restraints must be reduced and removed as soon as safely possible. To re- duce a four-point re- straint, remove it slow- ly—usually one point at a time—as the patient becomes calmer.

Which sequence is the correct order of actions to ensure safe transport using a wheelchair?

What is the correct order of actions to ensure safe transport using a wheelchair to prevent falls in a health care setting? When transferring a patient in a wheelchair, the nurse should first position the wheelchair on same side of the bed. The next step is to place a wedge cushion in the chair.

Which factors affecting a patient's environment must be controlled?

They are:.
temperature, ventilation, humidity, lighting, odor, and noise..
temperature, ventilation, safety, lighting, odor, and noise..
temperature, circulation, vaporizers, lighting, sensory and perception, odor, and privacy..
temperature, ventilation, neatness, lighting, privacy, and safety..