Everyone who enters a nursing home deserves compassionate, person-centered care. Unfortunately, many residents, especially those living with dementia, are being given antipsychotic drugs—not to treat a medical condition but to control behaviors or for staff convenience. This misuse of medications is known as chemical restraint, and it poses serious risks to residents’ health and well-being.
What is a Chemical Restraint?
A chemical restraint is defined as any drug used to control a resident’s behavior or restrict their movement, and is not required to treat a medical condition. These medications, such as antipsychotics, are sometimes used to sedate or subdue residents, particularly those with dementia, to make caregiving easier or for discipline purposes. This practice is not only inappropriate, but it also violates the resident’s rights under federal law.
Federal Law Protects Residents from Chemical Restraints
Under 42 CFR 483.10(e), nursing home residents have the right to be treated with respect and dignity, which includes the right to be free from chemical restraints. Specifically:
- §483.10(e)(1): Residents have the right to be free from physical or chemical restraints imposed for discipline or convenience and not required to treat medical symptoms, consistent with §483.12(a)(2).
- §483.12: Residents must be free from abuse, neglect, involuntary seclusion, and any restraints not necessary to treat medical symptoms.
- §483.12(a)(2): When restraints are necessary, facilities must use the least restrictive alternative for the shortest time possible and provide ongoing re-evaluation of their necessity.
The intent of these regulations is to ensure that every resident achieves their highest well-being in an environment that prohibits chemical restraints for convenience or discipline. When medications are used to treat medical symptoms, they must be carefully monitored, with regular re-evaluation to ensure their continued use is necessary.
How Chemical Restraints Cause Harm
When drugs are used as chemical restraints, they can cause significant harm, including:
- Physical Harm: Sedating medications can lead to falls, pressure sores, incontinence, and muscle weakness. Residents may also experience a decline in physical functioning, reduced mobility, and an increased dependence on staff.
- Mental and Emotional Harm: Being chemically restrained strips residents of their autonomy and dignity, often causing confusion, agitation, social withdrawal, depression, and loss of self-respect. In extreme cases, it can also lead to cognitive decline and a diminished quality of life.
Know Your Drugs & Know Your Rights
It is important to understand whether a medication is being prescribed to treat a legitimate medical condition or being used as a chemical restraint. You and your loved ones have the right to be informed about any medications prescribed and to ask questions to ensure they are necessary and appropriate.
Here are some key questions to ask your healthcare provider about any medications being prescribed:
- Why was this drug ordered? What symptoms or behavior prompted its use?
- Could an illness be causing these symptoms?
- Is this medication specifically treating the cause or symptoms?
- What are the non-drug options available?
- What was done to address the cause/symptoms before resorting to this medication? Was enough time given to explore alternatives?
- Is the drug one with a black box warning (the most serious warning issued by the FDA)?
- What are the side effects/risks of the medication?
- Why do you believe the benefits outweigh the risks?
- What possible interactions will it have with other drugs?
- How will the drug be monitored, and when will it be discontinued or reduced?
Commonly Used Antipsychotic Drugs as Chemical Restraints
Some of the most commonly used medications that may be used inappropriately as chemical restraints include:
- Risperdal (Risperidone)
- Zyprexa (Olanzapine)
- Seroquel (Quetiapine Fumarate)
- Haldol (Haloperidol)
- Abilify (Aripiprazole)
- Clozaril (Clozapine)
If your loved one is prescribed any of these drugs, it is critical to ask the right questions to ensure that their use is medically necessary and not for staff convenience.
How Olsman MacKenzie Peacock Can Help
If your loved one has been harmed by the misuse of antipsychotic drugs or other chemical restraints, Olsman MacKenzie Peacock is here to help. We are dedicated to protecting the rights of nursing home residents and holding facilities accountable for inappropriate and harmful practices. Our experienced team will investigate your case and fight to recover compensation for the harm your loved one has suffered.
Contact us today if you believe your loved one has been injured by chemical restraints. We are committed to ensuring that every nursing home resident receives the dignity, care, and respect they deserve.