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  #1  
Old 04-15-2005, 09:59 PM
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Location: Dallas, Texas
Posts: 692

Laws on physical restraint


03-11-2005, 04:17 PM
tyson-bird

What is the name of your state?TEXAS
Does anyone know where I can find Texas laws about the rules for restraint of a mentally ill person?
I found some for Massachusetts that say:

"Restraint of a mentally ill patient may only be used in cases of emergency, such as the occurrence of, or serious threat of, extreme violence, personal injury, or attempted suicide; provided, however, that written authorization for such restraint is given by the superintendent or director of the facility or by a physician designated by him for this purpose who is present at the time of the emergency or if the superintendent or director or designated physician is not present at the time of the emergency"

and

"Any such person shall have the following rights:

(d) to a humane psychological and physical environment. Each such person shall be provided living quarters and accommodations which afford privacy and security in resting, sleeping, dressing, bathing and personal hygiene, reading and writing and in toileting. Nothing in this section shall be construed to require individual sleeping quarters."

What if the person was restrained because they simply refused to lay down? They weren't a threat to anyone. Can they legally restrain you for that?

If they were later un-restrained but put in a small room with many other people with no place to sleep except a cold floor or cold chair with no pillows or blankets, were not given their medication or any food, is that legal?

Not looking to sue, I would rather the hopital change if this is wrong.

---------------------------------------------------------
03-11-2005, 04:26 PM
rmet4nzkx


Heather,
Contact NAMI [url]http://texas.nami.org/[/url] they can answer your questions.

---------------------------------------------------------
03-11-2005, 04:55 PM
tyson-bird

Originally Posted by rmet4nzkx
Heather,
Contact NAMI [url]http://texas.nami.org/[/url] they can answer your questions
.


Thanks, I sent them an email but I would still like to see the laws for myself. They also cut off ALL of my clothes (shirt, jeans, panties, bra) just to stick a needle in my arm......maybe they were just perverts.
I'm finally starting to remember that day and I am mad
---------------------------------------------------------
03-11-2005, 05:09 PM
rmet4nzkx

Originally Posted by tyson-bird
Thanks, I sent them an email but I would still like to see the laws for myself. They also cut off ALL of my clothes (shirt, jeans, panties, bra) just to stick a needle in my arm......maybe they were just perverts.
I'm finally starting to remember that day and I am mad


Maybe if you are just now remembering now, you were pretty out of it then and even what you remember may not be accurate. You did say that you resisted and had to be restrained, remember the movie Mr. Jones? Did they ask you to put on a gown? Perhaps you said, "NO!" My son was in an accident, he was out of it, they cut his clothes off. I had an accident and was taken to the same hospital, I was afraid they were going to cut my dress off. I liked it and didn't want it ruined, they just had me get into a gown. The folks at NAMI will have every thing for you and can discuss it with you. How did your test come out?
---------------------------------------------------------03-11-2005, 06:07 PM
tyson-bird

Originally Posted by rmet4nzkx
Maybe if you are just now remembering now, you were pretty out of it then and even what you remember may not be accurate. You did say that you resisted and had to be restrained, remember the movie Mr. Jones? Did they ask you to put on a gown? Perhaps you said, "NO!" My son was in an accident, he was out of it, they cut his clothes off. I had an accident and was taken to the same hospital, I was afraid they were going to cut my dress off. I liked it and didn't want it ruined, they just had me get into a gown. The folks at NAMI will have every thing for you and can discuss it with you. How did your test come out?


I don't have any memory of the court house....kind of sucks too because I called the court coordinator with a question today and she remembered me WELL. However, I do remember the hospital. They cut my clothes off because they had already tied me down and they were too lazy to take off restraints. I begged them to let me change and freaked out when they started cutting. It still makes no sense to do that to put a needle in my arm. What would be the purpose of cutting off my bra and panties? Most of them were men and watched while I layed naked a few minutes while one of them went to find a gown. I know these things happened.
For an emergency medical reason I understand cutting off clothes. I've been there too and they just cut off the clothes that were neccesary.
And as far as being tied down, maybe I did deserve it because I couldn't stand laying on the bed out in the open so I wouldn't stay but it would have been more logical to throw me in that room with the chairs. But I want to know the laws for being restained.
Are you refering to the blood test? If so, I don't know yet. I see the doc again March 18th and she'll tell me then. But I have been a good girl so no drugs are going to be present.
I loved that movie!!! Richard Gere had me LMAO.
---------------------------------------------------------03-11-2005, 07:04 PM
rmet4nzkx

Well if you don't remember what hapened at the courthouse but they do It does say something about your competence at that point, even if you offered to dress in the gown, your behavior may have been such as to not make your offer seem genuine and it was easer for them and safer for you to restrain you. Now you are doing well on the medications, your participation here has been appropriate and congruent and being complient with treatment all together they will work well for you when you face the charges, perhaps treatment will be your salvation, since you were not on the correct medicaiton at the time. Being restrained today is much different than in days gone by.
---------------------------------------------------------03-11-2005, 07:24 PM
tyson-bird

Originally Posted by rmet4nzkx
Well if you don't remember what hapened at the courthouse but they do It does say something about your competence at that point, even if you offered to dress in the gown, your behavior may have been such as to not make your offer seem genuine and it was easer for them and safer for you to restrain you. Now you are doing well on the medications, your participation here has been appropriate and congruent and being complient with treatment all together they will work well for you when you face the charges, perhaps treatment will be your salvation, since you were not on the correct medicaiton at the time. Being restrained today is much different than in days gone by.

I was messed up on Xanax at the court house that's why I don't remember. I told ya I popped a few Xanax and hitch hicked to the court house. I thought I was going to jail, so I didn't care. I had sobered up by the time the cops took me to the hospital. It still makes no sense to cut off my clothes to put a needle in the arm and to cut off my undies????

But thanks for the compliments. I'm no where near better yet. I won't bother with all of the things I should do (couselor and NA) until I find out what is going to happen to me. I'm so scared right now I barely do anything but play on the computer. I just can't function.
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03-12-2005, 01:46 AM
rmet4nzkx

Are you back in your apartment with your things? You can discuss with your doctor at your next appointment your ability to function, also call your attorney for status on your case so you won't be living in fear. Keep up the good work. Is your mother helping you? On Monday talk with NAMI re what happened at the hospital if there are any options for compensation for your clothes? If you were not cooporating? I just don't know what the record will show or what their intake procedure is, but being admitted to a hospital can be humiliating no matter the situation. For a job physical I was sent to a hospital for an ECG which they did with my whole bare chest exposed in the middle of a busy area, I have had others where the contacts were attached without taking my top off at all.
__________________
It's all legal until you get caught.

Last edited by tyson-bird; 04-15-2005 at 10:18 PM.
  #2  
Old 04-15-2005, 10:01 PM
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03-12-2005, 08:30 PM
tyson-bird

Originally Posted by rmet4nzkx
Are you back in your apartment with your things?.
yes
Originally Posted by rmet4nzkx
You can discuss with your doctor at your next appointment your ability to function

I freeze up when I go to the doctor. With how many times I have been to the hospital, I am afraid to say anything because I don't want to be commited again.
Originally Posted by rmet4nzkx
also call your attorney for status on your case so you won't be living in fear

He told me we would talk on my court date (March 22nd). He told me that the DA might offer a plea bargin and if it isn't good enough**************well I'm just afraid it won't be in which case it is still easier to serve time in jail. How do you apply for new employment and tell them that you have to leave early once a week to see your PO?
Originally Posted by rmet4nzkx
Is your mother helping you?

I won't let her. I created this mess on my own so I will fix it on my own.
Originally Posted by rmet4nzkx
For a job physical I was sent to a hospital for an ECG which they did with my whole bare chest exposed in the middle of a busy area, I have had others where the contacts were attached without taking my top off at all.


So ya feel my pain some but you did it voluntarily, I did not.
I think the doc has a wild side. Flashing your chest....breaking ribs during sex. My my what are we going to do with you?
---------------------------------------------------------03-13-2005, 02:34 PM
tyson-bird


I tried to be good but......
----------------------------------------
I am just venting to myself so that I will stay out of trouble but I have to post this.

IAAL:
I saw that post you deleted (still have it on my email). I am pretty impressed about how quick you realized you were an idiot and completely wrong!!! And Judge put: "Yes. IAAL is good at spotting the wannabes...". Well that could be because you are a wannabe lawyer so it is easier to spot a fellow wannabe.

Paradise:
You told me that I can't keep my story straight but you posted to me-
"Look over to the right of your name. Do you see how many posts you have?"
But then post to someone else-
"Counting posts bye strangers does what for you?"

There, I feel better. I got an hour of sleep so I'm grumpy
---------------------------------------------------------03-13-2005, 02:43 PM
rmet4nzkx

It takes a while to adjust to your medications, hind-sight is 20/20, what is important is that you got the help you needed. I'm concerned if you are still not sleeping well.
---------------------------------------------------------03-13-2005, 03:43 PM
tyson-bird

Originally Posted by rmet4nzkx
It takes a while to adjust to your medications, hind-sight is 20/20, what is important is that you got the help you needed. I'm concerned if you are still not sleeping well.


I even tried 2 benadryl like you and the judge suggested.

04-02-2005, 02:43 PM
tyson-bird

Makes me wonder
-----------------------------
Well I know I said I would let this go and I mostly have but I do find it very interesting that I still have not received a bill for the so called "services" I received from this hospital. I have been there before and it only took a few weeks to get the bill and it has been about one and half months and still no bill. Makes me think they know they were out of line with some of the things they did and don't want to bill me because it would stir things up.
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---------------------------------------------------------
04-02-2005, 02:57 PM
ellencee

tyson-bird
In case you have still not found the law on restraints, check out this site:[url]www.cms.hhs.gov/cop/2b.asp[/url].

The laws on restraints and other behavior management interventions are addressed in a federal law on Patient's Rights.

Best wishes with your life-changing attempts Stay in NA; it seems to work!

EC
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---------------------------------------------------------04-02-2005, 03:05 PM
ENASNI


oy
-----------------------
you still don't wonder why you don't exasperate me..lovie get ahold of yourself I am on Pain pills right now for a doberman accident too silly for a legal forum and I do not think I am coharent to write but still will on the silly ones...
Chica You are exaperating me again... Just take your meds stay home and prep for court this week.. Get it? got it? Good?

THIS IS YOUR LIFE.
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~Bob Hope
---------------------------------------------------------
04-02-2005, 03:35 PM
cbg

Tyson-bird, I was hospitalized briefly two months ago today and I have not received the bill yet. It's been at least a month since my insurance made their payment; I know there's a payment due from me but they haven't asked me for it yet. Sometimes it just takes time. It doesn't necessarily mean they've decided they did something wrong and have decided to skip billing you.
---------------------------------------------------------04-02-2005, 03:56 PM
tyson-bird

Originally Posted by ellencee
tyson-bird
In case you have still not found the law on restraints, check out this site:[url]www.cms.hhs.gov/cop/2b.asp[/url].

The laws on restraints and other behavior management interventions are addressed in a federal law on Patient's Rights.

Best wishes with your life-changing attempts Stay in NA; it seems to work!

EC


Thank you very much. I will check that site out in minute.
__________________
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---------------------------------------------------------04-02-2005, 04:01 PM
rmet4nzkx

If you were sent there from the jail/court, it is very possible that it is on the county's dime, not that there was any admission of fault. Remember you were fighting it too and have done some inappropriate things since. Keep up the good work. Only a few days unitl court, be sure to talk with your attorney before you go.
---------------------------------------------------------04-02-2005, 04:01 PM
tyson-bird

Huh?????
----------------------

Originally Posted by ENASNI
you still don't wonder why you don't exasperate me..lovie get ahold of yourself I am on Pain pills right now for a doberman accident too silly for a legal forum and I do not think I am coharent to write but still will on the silly ones...
Chica You are exaperating me again... Just take your meds stay home and prep for court this week.. Get it? got it? Good?

THIS IS YOUR LIFE.
How does this exasperate you? No matter how crazy I was/am, they still had no reason to do some of those things.

I am taking my meds and I don't leave unless I have to. I'm being good!!!! I sure could use one of them pain pills though......KIDDING!
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-Even if the voices aren't real, they have pretty good ideas!!!
---------------------------------------------------------04-02-2005, 04:08 PM
tyson-bird

Originally Posted by cbg
Tyson-bird, I was hospitalized briefly two months ago today and I have not received the bill yet. It's been at least a month since my insurance made their payment; I know there's a payment due from me but they haven't asked me for it yet. Sometimes it just takes time. It doesn't necessarily mean they've decided they did something wrong and have decided to skip billing you.

You could be right. However, I don't have insurance which is probably what is holding your bill up. I didn't tell the whole truth, I've been there around 4-5 times (not all of them were for mental problems) and it only took a few weeks to get my bill for every one.
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---------------------------------------------------------04-04-2005, 10:58 AM
cbg

My insurance made its payments a month ago. I've talked with people who have said it took up to three to six months before they received their hospital bills.
---------------------------------------------------------04-04-2005, 01:16 PM
tyson-bird

Originally Posted by cbg
My insurance made its payments a month ago. I've talked with people who have said it took up to three to six months before they received their hospital bills.
I'm not saying you are wrong and I don't want to get on your bad side.

I am very bull headed and stuborn but I will admit when I am wrong. So if I get a bill I will let everyone know. But I will fight it because everything I have found so far has told me they were out of line. And I refused every service they tried to give me; I refused to talk to dr., refused the shot, refused UA, etc.
__________________
-Even if the voices aren't real, they have pretty good ideas!!!
---------------------------------------------------------04-04-2005, 01:26 PM
cbg

All I am saying is that it is a very big leap from, I haven't gotten my bill yet, to, They aren't billing me because they know they were out of line, and one that I don't think you can reasonably take.

cbg
---------------------------------------------------------
04-04-2005, 01:40 PM
tyson-bird

Originally Posted by cbg
All I am saying is that it is a very big leap from, I haven't gotten my bill yet, to, They aren't billing me because they know they were out of line, and one that I don't think you can reasonably take.

Okie dokie, I capish!
__________________
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__________________
It's all legal until you get caught.

Last edited by tyson-bird; 04-15-2005 at 10:14 PM.
  #3  
Old 04-15-2005, 11:49 PM
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OtAY


What is up Heather... doc needs a break.. and I am not qualified but I have a shoulder.. but realize... I have I teenager so my tolerence is short Are you physically okay.. so what if it is FRIDAY.. it is just another day to you.. don't mean to rub it in...really But we can not hear about another bad day in Heathers life when crappolla kid... we have our own.. you have some time to look on the internet... try to research that...I am so mean I will not even give you a Key Word.
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Last edited by ENASNI; 04-15-2005 at 11:52 PM.
  #4  
Old 04-15-2005, 11:56 PM
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Quote:
Originally Posted by ENASNI
What is up Heather... doc needs a break.. and I am not qualified but I have a shoulder.. but realize... I have I teenager so my tolerence is short She can go out and have an adult beverage and talk about the soaps>okay.. she has a life.. right now this U OK? Did you frig up anything legal? are you physically okay.. so what if it is FRIDAY.. it is just another day to you.. don't mean to rub it in...really But we can not hear about another bad day in Heathers life when crappolla kid... we have our own.. you have some time to look on the internet... try to research that...I am so mean I will not even give you a Key Word.
Things not been so good in Heather world lately but I'm not gonna force information on ya. I've been chattin with the doc through PM and she asked me why I deleted all my threads. I told her and she suggested I put some of them back. So no worries girl, I'm not tryin ta get ya to help me.
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  #5  
Old 06-14-2005, 10:22 AM
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cbq


Just wanted to let you know you were right, I got a bill yesterday. Actually it was a past due bill but I never received any bills before it.
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  #6  
Old 06-14-2005, 11:20 AM
cbg cbg is offline
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Yep, it took several months before my bills showed up too. There's one I still don't have and my hospitalization was in early February.
  #7  
Old 06-14-2005, 03:03 PM
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Thanks for the update, how is everything going?
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  #8  
Old 06-14-2005, 05:59 PM
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Quote:
Originally Posted by rmet4nzkx
Thanks for the update, how is everything going?
I've stopped taking most of my meds because I don't like the way they make me feel. I've been having problems and I think I'm going to check my self back into green oaks hospital. I want a job but don't know if I could handle one right now and who knows if anyone will even hire me now that I have a record. I'm gonna talk to my doc about changing meds because the ones I have aren't working. Do you think that the doc would be willing to put me on an antipsychotic and nothing else? So how are you doing doc? Are you still friends with Veronica?

Heather
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  #9  
Old 06-14-2005, 07:12 PM
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Quote:
Originally Posted by tyson-bird
I've stopped taking most of my meds because I don't like the way they make me feel. I've been having problems and I think I'm going to check my self back into green oaks hospital. I want a job but don't know if I could handle one right now and who knows if anyone will even hire me now that I have a record. I'm gonna talk to my doc about changing meds because the ones I have aren't working. Do you think that the doc would be willing to put me on an antipsychotic and nothing else? So how are you doing doc? Are you still friends with Veronica?

Heather
Your feelings about your medication are common and you should consult your doctor before you discontinue any medication. Please call your doctor tomorrow and let your caseworker know you need some more help. Hang in there.
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  #10  
Old 06-14-2005, 07:32 PM
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Quote:
Originally Posted by rmet4nzkx
Your feelings about your medication are common and you should consult your doctor before you discontinue any medication. Please call your doctor tomorrow and let your caseworker know you need some more help. Hang in there.
I go see my PO tomorrow. I already stopped taking them and my doc is booked until the end of the month and there is a certain med I need to start taking now or I might do something stupid. So I figure I'll go to green oaks Thursday so I don't do somethink stupid. Thanks rmet, I missed you.
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  #11  
Old 06-14-2005, 07:53 PM
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Quote:
Originally Posted by tyson-bird
I go see my PO tomorrow. I already stopped taking them and my doc is booked until the end of the month and there is a certain med I need to start taking now or I might do something stupid. So I figure I'll go to green oaks Thursday so I don't do somethink stupid. Thanks rmet, I missed you.
Well be sure to see your PO, do you like/trust them, are they helpful? You can call your doctor, most should return your call re your Rx even if your appointment isn't until later this month. If not Green Oaks it is, be sure to go during the day on your own and not because the police take you. Perhaps you can get into some rehab program, ask you PO tomorrow, at least that would keep you busy with something to do.
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  #12  
Old 06-14-2005, 08:14 PM
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Quote:
Originally Posted by rmet4nzkx
Well be sure to see your PO, do you like/trust them, are they helpful? You can call your doctor, most should return your call re your Rx even if your appointment isn't until later this month. If not Green Oaks it is, be sure to go during the day on your own and not because the police take you. Perhaps you can get into some rehab program, ask you PO tomorrow, at least that would keep you busy with something to do.
Tomorrow will be the first time I meet my PO so I don't know if I like her yet. I plan to take myself to the hospital, no cops involved. I have enough community service to keep me busy so I don't need anymore programs. Thanks for always helping me rmetty. Take care.

Heather
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  #13  
Old 06-14-2005, 08:20 PM
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Quote:
Originally Posted by tyson-bird
Tomorrow will be the first time I meet my PO so I don't know if I like her yet. I plan to take myself to the hospital, no cops involved. I have enough community service to keep me busy so I don't need anymore programs. Thanks for always helping me rmetty. Take care.

Heather
Keep up the good work, someday this will all be behind you
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  #14  
Old 08-01-2005, 11:14 AM
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Hi rmet!

I got approved for disability. My PO is ok, I've seen her twice now. She seems a little dumb but she is nice. She is very interested in me because I'm bipolar but she really wants me to succeed. I'm on new meds that seem to be working....haven't been to the hospital for awhile

I just wanted to let you know how things are going, hope things are going good for you.
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  #15  
Old 08-01-2005, 11:23 AM
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Quote:
Originally Posted by tyson-bird
Hi rmet!

I got approved for disability. My PO is ok, I've seen her twice now. She seems a little dumb but she is nice. She is very interested in me because I'm bipolar but she really wants me to succeed. I'm on new meds that seem to be working....haven't been to the hospital for awhile

I just wanted to let you know how things are going, hope things are going good for you.
Congratulations!!!
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