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2018 Georgia Code 31-8-109 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 31-8-109 Case Law from Google Scholar Amendments to OCGA 31-8-109

TITLE 31 HEALTH

Section 8. Care and Protection of Indigent and Elderly Patients, 31-8-1 through 31-8-306.

ARTICLE 5 BILL OF RIGHTS FOR RESIDENTS OF LONG-TERM CARE FACILITIES

31-8-109. Use or threat of physical restraints, isolation, or restrictions on mobility.

  1. Each resident shall be free from actual or threatened physical restraints, isolation, or restrictions on mobility within or outside the facility grounds, including the use of drugs to limit mobility, except to the minimum extent necessary to protect the resident from immediate injury to the resident or to others. In no event shall restraints, restrictions, or isolation be used for punishment, incentive, behavior conditioning or modification, or for the convenience of the facility.
  2. Restraints, restrictions, or isolation shall be used only subject to the following conditions:
    1. Prior to authorizing restraints, restrictions, or isolation, the attending physician shall make a personal examination and individualized determination of the need to use such restraints, restriction, or isolation on that resident and shall specify a reasonable time for such use. No restraint, restriction, or isolation shall be used by the facility longer than 65 days for intermediate care residents and longer than 35 days for skilled nursing residents, except by reorder of the attending physician after personal examination of the resident. Irrespective of such time period specified, restraints, restrictions, or isolation shall not be used beyond the period of actual need;
    2. In an emergency situation, restraints, restrictions, or isolation shall be authorized by the person in charge only to protect the resident from immediate injury to the resident or others and shall not be continued for more than 12 hours after the onset of the emergency without personal examination and authorization by the attending physician;
    3. The resident and a person designated by the resident, if any, shall be informed immediately of the need for the use of restraint, restriction, or isolation, the reasons for such use, and the time the physician has specified for such use. Such information shall be recorded in the resident's file;
    4. A restrained or isolated resident shall be monitored by the staff at least every hour and released and exercised at least every two hours, except during normal sleeping hours; and
    5. When a restraint, restriction, or isolation is used under this Code section, the resident shall retain all rights enumerated in this article.

(Code 1933, § 88-1916B, enacted by Ga. L. 1981, p. 149, § 1.)

JUDICIAL DECISIONS

Restriction to a designated area is a restraint on mobility of the resident and in effect isolates the resident. This is prohibited. A restriction from an area where friction between the residents tends to develop, i.e., the TV room, exercise room, or even the dining room, may be used by management as necessary as an aid in behavioral control, since it does not isolate or restrain the mobility of the resident from other areas of the grounds and is not a form of physical restraint. Associated Health Sys. v. Jones, 185 Ga. App. 798, 366 S.E.2d 147 (1988).

Duty to exercise reasonable care and skill.

- Mere fact that a doctor, psychologist, or psychiatrist has not volunteered to authorize the forms of restraints of O.C.G.A. § 31-8-109 does not discharge the duty of a nursing home to exercise reasonable care and skill for the care and protection of the nursing home's residents from a physically aggressive resident. Associated Health Sys. v. Jones, 185 Ga. App. 798, 366 S.E.2d 147 (1988).

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