Did You Know?
Informed Consent Prior to the Use of Restraints
Nursing homes must obtain the informed consent of the resident
or residents representative before administering psychotherapeutic
drugs, physical restraints, or the prolonged use of a device that may
lead to the inability to regain use of a normal bodily function.
Nursing homes often use drugs like Haldol or Risperdal
to control the behavior of residents. Before they can administer these
chemical restraints (or any physical restraints), nursing homes must disclose
to the resident all information that is material to the residents
decision whether or not to accept the restraints. Such information includes
the reasons for the restraints, the risks involved, and the right to accept
If the resident is capable of granting or withholding consent,
only the resident may do so. If the resident lacks mental capacity, then
the residents representative may grant or refuse consent. Under
California law, persons who may act as the residents representative
include a conservator, an agent designated under a valid power of attorney
for health care and the patients next of kin.
For questions about informed consent, contact CANHR at
(800) 474-1116. Report violations of residents informed consent
rights to your district Department of Health Services, Licensing &