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US · guidance

CMS SOM App. N, Tag N0130

§483.356(a)(3)(ii) Until the emergency safety situation has ceased and the resident's

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

safety and the safety of others can be ensured, even if the restraint or seclusion order

has not expired.

Interpretive Guidelines§ 483.356(a)(3)ii)

The resident in restraint or seclusion should be evaluated on a continual basis (see N-

0165 and N-0166 for continual monitoring criteria) and ended at the earliest possible

time based on the assessment and evaluation of the resident’s condition.

Restraint or seclusion intervention must be discontinued if the safety situation has ceased

and the safety of the resident and others can be ensured, even when the physician order

for the restraint or seclusion has not expired. For example, if a resident has recovered

from their unanticipated maladaptive behavior in 2-hours instead of the maximum 4-hour

time frame specified in the order, it is the expectation that the resident is released from

restraint or seclusion at the 2-hour point. The facility policy for restraints and seclusion

should outline the criteria for discontinuing ESI interventions.

History

Rev. 131; Issued: 01-16-15, Effective: 01-16-15, Implementation: 01-16-15

Provenance

Source
cms.gov
Retrieved
2026-07-22
Edition
som-2026-07-22
Content hash
bca36ca8c9b6554d35bcb0cd24762b0800241cefec47d255a6533a7080239023
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