Part 5Status and rights of care recipients
Specific powers exercisable over care recipients
60Seclusion
For the purposes of this section, seclusion, in relation to a care recipient, means placing the care recipient without others in a room or other area that—
- provides a safe environment for the care recipient throughout the care recipient's stay in the room or area; but
- does not allow the care recipient to leave without help.
A care manager may place a care recipient in seclusion if it is necessary to prevent the care recipient from doing 1 or both of the following:
- endangering the health or safety of the care recipient or of others:
- seriously compromising the care and well-being of other persons.
A person who places a care recipient in seclusion—
- must ensure that the care recipient is not placed in seclusion for longer than is necessary to achieve the purpose of placing the care recipient in seclusion; and
- must comply with guidelines issued under section 148 that are relevant to placing the care recipient in seclusion.
The following provisions must be followed when a care recipient is placed in seclusion:
- a care recipient may be placed in seclusion only in a room or other area that is specifically designed for the purpose of seclusion in accordance with guidelines issued under section 148:
- in cases other than an emergency, seclusion may be used only with the authority of the care recipient's care manager:
- in an emergency, a care recipient may be placed in seclusion by a person who, under a delegation given by the care recipient's care manager, has immediate responsibility for the care recipient, but that person must immediately bring the case to the attention of the care manager:
- the duration and circumstances of each episode of seclusion must be recorded in a register kept in accordance with guidelines issued under section 148.