Georgia Nursing Home Laws Regarding Use of Restraints

Nursing homes use restraints to prevent residents from moving about freely. Physical restraints include belts, vests, wrist straps, geriatric chairs and bed rails. It has been argued that restraints prevent injuries to residents who are likely to fall if they walk on their own. But there is evidence that residents have been physically and emotionally harmed by the improper use of restraints. Georgia state laws define the circumstances under which nursing homes can restrain residents.

Georgia Nursing Home Reform Act

• Both federal law and the Georgia Nursing Home Reform Act prohibit nursing homes from using restraints unless they are medically needed. Nursing home residents have the right to refuse any treatment, including the use of restraints. The Georgia law applies to all Georgia nursing homes, whether of not they are certified by Medicare.

  This law specifies that restraints will be used only as a last resort, after less restrictive methods have been tried. They can be used only on a doctor's order and for a specified period of time. Residents cannot be restrained as a punishment or because they have been bothering the staff. Simply put, nursing home employees can't restrain residents as a substitute for taking the time to meet their needs.

Nursing Home Residents' Bill of Rights

• The Nursing Home Residents' Bill of Rights is a Georgia law that lists 26 rights for every nursing home resident. Among them are the right to:
  --Be treated with dignity and respect, and be free from any physical or chemical restraint or any form of isolation used for convenience or discipline.
  --Have restraints used only to protect the resident from immediate injury to himself or herself or others, only with prior examination and authorization by a doctor, and only for a specified time period.
  Residents have the right to remain unrestrained unless they are in imminent danger of injuring themselves or others. To obtain the booklet "Rules and Regulations for Personal Care Homes," which includes the Bill of Rights, contact:

  Georgia Department of Human Resources
  Office of Regulatory Services
  Personal Care Home Unit
  2 Peachtree Street, N.E., 31st Floor
  Atlanta, Georgia 30303

Impact of Legislation

• The use of restraints in Georgia nursing homes has been dropping. In 2005, 9.6 percent of residents were placed in restraints each day. By 2009 this number had gone down to 3.8 percent. In addition to enforcement of state and federal laws, efforts such as the Advancing Excellence in America's Nursing Homes Campaign have raised awareness of the dangers of restraints. Statistics on the use of restraints in individual facilities can be viewed at Nursing Home Compare, a searchable database on the Centers for Medicare and Medicaid Services web site (see Resources).