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US · guidance

CMS SOM App. A, Tag A-0180

§482.13(e)(13) - States are free to have requirements by statute or regulation that are more

activein force · 2026-07-22 – presentas-observed

restrictive than those contained in paragraph (e)(12)(i) of this section.

Interpretive Guidelines §482.13(e)(13)

States are free to have requirements that are more restrictive regarding the types of practitioners who

may conduct the 1-hour face-to-face evaluation. Generally, States may have more restrictive

requirements as long as they do not conflict with Federal requirements.

Survey Procedures §482.13(e)(13):

• When preparing for the hospital survey, determine whether there are State provisions governing

the use of restraint or seclusion that are more restrictive than those found in this section.

• When State requirements are more restrictive, apply those requirements instead of those found in

this section.

History

Rev. 37, Issued: 10-17-08; Effective/Implementation Date: 10-17-08

Provenance

Source
cms.gov
Retrieved
2026-07-22
Edition
som-2026-07-22
Content hash
e63bcd0f5a59e9e899534efe093bcb6f4270654629f9383b01a5296ab7f1c366
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