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Minnesota Statutes 245D.061 — Emergency Use of Manual Restraints

MinnesotastatuteMinnesota Legislature / Department of Human Services (licensing)

What this rule requires your agency to do

  • 1The license holder must develop, document, and implement a policy and procedures for emergency use of manual restraints specifying de-escalation strategies, allowed restraint types, safe implementation instructions, required staff training (with the enumerated subjects) before implementation, monitoring forms, incident-report instructions/timelines, and review procedures (subd. 9).(Minnesota Statutes 245D.061 — Emergency Use of Manual Restraints)
  • 2Within five working days after the internal review, the license holder must consult with the expanded support team and maintain a written summary of that team's discussion and decisions in the service recipient record (subd. 7).(Minnesota Statutes 245D.061 — Emergency Use of Manual Restraints)
  • 3Within five working days of the expanded support team review, the license holder must submit the incident report, internal review/corrective action plan, and expanded-support-team summary to the Department of Human Services and the Office of the Ombudsman for Mental Health and Developmental Disabilities (subd. 8).(Minnesota Statutes 245D.061 — Emergency Use of Manual Restraints)
  • 4The license holder must monitor the person's health and welfare during an emergency use of a manual restraint (with monitoring staff separate from implementing staff when possible) and complete a commissioner-approved monitoring form for each incident (subd. 4).(Minnesota Statutes 245D.061 — Emergency Use of Manual Restraints)
  • 5Within three calendar days after an emergency use, the implementing staff person must report in writing to the designated coordinator the specified incident details, and a copy of the report must be maintained in the person's service recipient record (subd. 5).(Minnesota Statutes 245D.061 — Emergency Use of Manual Restraints)
  • 6Within five working days of the emergency use, the license holder must complete and document an internal review evaluating the specified factors, and must develop, document, and implement any resulting corrective action plan within 30 days of the internal review; both are kept in the service recipient record (subd. 6).(Minnesota Statutes 245D.061 — Emergency Use of Manual Restraints)
  • 7Emergency use of a manual restraint is permitted only when immediate intervention is needed to protect the person or others from imminent risk of physical harm, using the least restrictive intervention, and must end when the threat of harm ends (subd. 2).(Minnesota Statutes 245D.061 — Emergency Use of Manual Restraints)

Applies to: personal care

Sets the conditions, monitoring, reporting timelines, internal and expanded-support-team review, external reporting, and required policy/procedures a chapter 245D HCBS license holder must follow for any emergency use of a manual restraint.

Regulatory information, not legal advice — always confirm against the cited official source. Verification reduces error; it does not certify compliance.