(1) "Service provider" means any person employed or contracted by a covered facility to provide direct care, residential treatment, education or direct supervision of children.

(2) "Covered facility" for the purpose of this section, the term "covered facility" means any agency, organization, public or private entity that provides any of the following for children: residential treatment, including in-house educational programming; in-patient or residential psychiatric treatment for mental illness; group or shelter home care pursuant to a licensed granted by the department of children, youth and families and youth correctional incarceration or rehabilitative services. The term "covered facility" does not include the public school system.

(3) "Physical Restraint" means any mechanical or personal restriction that immobilizes or reduces the free movement of a person's arms, legs or head. The term does not include (A) briefly holding a person in order to calm or comfort the person; (B) restraint involving the minimum contact necessary to safely escort the person from one area to another; (C) medical devices, including but not limited to, supports prescribed by a health care provider to achieve proper body position or balance; (D) helmets or other protective gear used to protect a person from injuries due to a fall; or (E) helmets, mitts and similar devices used to prevent self injury when the device is part of a documented treatment plan and is the least restrictive means available to prevent such self injury. This definition does not include the mechanical restraint of residents of youth correctional facilities for the purposes of transportation or movement within or without the facility.

(4) "Life threatening physical restraint" means any physical restraint or hold on a child that restricts the flow of air into a person's lungs, whether by chest compression or any other means.

(5) "Chemical restraint" means a medication used to control behavior or restrict the patient's freedom of movement and is not a standard treatment for the child's medical or psychiatric condition.

(6) "Seclusion" means the confinement of a person in a room in a covered facility, whether alone or with staff supervision, in a manner that prevents the person from leaving, and does not pertain to covered facilities where the terms of seclusion are defined pursuant to particular judicial decrees.

(B) No service provider shall administer an involuntary physical restraint on a child unless trained in accordance with the provisions of section 42-72.8-7 herein;

(C) No service provider shall administer an involuntary physical restraint or chemical restraint on a child, unless the following conditions are met:

(1) A service provider in a covered facility may impose restraints only to prevent immediate or imminent risk of harm to the physical safety of the child or other individuals in the care or custody of the facility or staff of the facility. Restraints shall be removed at the earliest possible time that the child can commit to safety and no longer poses a threat to him/herself or others.

(2) A physical or chemical restraint may be used only when less restrictive interventions have been determined to be ineffective.

(3) Any use of restraint on a child must be in accordance with a written modification/provision in the child's individual plan for care, treatment or as specified in the child's individual education program.

(4) Any use of restraint on a child must be in accordance with safe and appropriate restraining techniques and be administered only by service providers that have both initial and ongoing education and training in the proper and safe use of restraints as established by a nationally accredited training program.

(5) All chemical restraints must be ordered in writing by a physician and administered in accordance with the standards adopted by the joint commission on accreditation of healthcare organizations (JCAHO).

(6) The condition of the child in restraints must be continually assessed, monitored and reevaluated and the restriction of patient movement or activity by restraints must be ended at the earliest possible time, considering the physical safety of the child being restrained and other individuals in the care and custody of the facility. For the purposes of this section, "monitor" means (a) direct observation, or (b) observation by way of video monitoring within physical proximity sufficient to provide aid as may be needed.

(7) Restraints may not be written as a standing order or on "as needed" (PRN) basis.

(8) All restraints must be recorded and reviewed by supervisory personnel within forty-eight (48) hours.

(1) The condition of the child in seclusion must be continually assessed, monitored and reevaluated and the seclusion must be ended at the earliest possible time, considering the physical safety of the child being secluded and other individuals in the care and custody of the facility. For the purposes of this section, "monitor" means (a) direct observation, or (b) observation by way of video monitoring within physical proximity sufficient to provide aid as may be needed.

(2) Any use of seclusion on a child must be in accordance with a written modification/provision in the child's individual plan for care, treatment or education.

(1) in the case of emergency use, the nature of the emergency and what other steps, including attempts at verbal de-escalation, were taken to prevent the emergency from arising if there were indications that such an emergency was likely to arise; and

(2) a detailed description of the nature of the restraint, its duration and its effect on the child's established medical, educational or treatment plan.

(B) Each covered facility shall (1) maintain a weekly log of the use of physical, chemical restraint or seclusion on children in their care and the nature of the emergency that necessitated its use, and (2) include such information in an annual compilation on its use of such restraint and seclusion. The director of the state agency that has jurisdiction or supervisory control over the covered facility shall review the annual compilation prior to renewing a license for or a contract with such covered facility.

(C) If the use of such restraint or seclusion results in physical injury to the child, the covered facility shall report the incident to the director of the state agency that has jurisdiction or supervisory control over the covered facility. The director receiving a report of such an incident shall report any incidence of serious injury or death to the child advocate, and/or the director of the Rhode Island disability law center.

(B) require training of all service providers in the use of physical and chemical restraint and seclusion on children. Such training shall include but not be limited to verbal defusing and de-escalation; prevention strategies; types of physical restraint; the differences between life threatening physical restraint and other varying levels of physical restraint; monitoring to prevent harm to a child physically restrained or in seclusion and recording and reporting procedures on the use of restraints and seclusion.

(C) shall make the policies and procedures required under subsection (A) available to the director of the state agency that has jurisdiction or supervisory control over the covered facility.

(B) Any service provider who willfully and intentionally violates the provisions of this chapter and by reason of such violation inflicts physical injury upon a child, shall upon conviction thereof be fined a sum not exceeding five hundred dollars ($500) and/or imprisoned for a term not exceeding six (6) months.