Pascal Bergeron
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(a) For the purposes of this section, a “self-release seat belt” is a seat belt on a resident’s
wheelchair that the resident demonstrates the ability to fasten and release without assistance. A
self-release seat belt is not a restraint.
(b) Except as provided in subsection (c) of this section, a facility must allow a resident to use a
self-release seat belt if:
(1) the resident or the resident’s legal guardian requests that the resident use a self-release seat
belt;
(2) the resident consistently demonstrates the ability to fasten and release the self-release seat
belt without assistance;
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(3) the use of the self-release seat belt is documented in and complies with the resident’s
individual service plan; and
(4) the facility receives written authorization, signed by the resident or the resident’s legal
guardian, for the resident to use the self-release seat belt.
(c) A facility that advertises as a restraint-free facility is not required to allow a resident to use a
self-release seat belt if the facility:
(1) provides a written statement to all residents that the facility is restraint-free and is not
required to allow a resident to use a self-release seat belt; and
(2) makes reasonable efforts to accommodate the concerns of a resident who requests a selfrelease seat belt in accordance with subsection (b) of this section.
(d) A facility is not required to continue to allow a resident to use a self-release seat belt in
accordance with subsection (b) of this section if:
(1) the resident cannot consistently demonstrate the ability to fasten and release the seat belt
without assistance;
(2) the use of the self-release seat belt does not comply with the resident’s individual service
plan; or
(3) the resident or the resident’s legal guardian revokes in writing the authorization for the
resident to use the self-release seat belt.

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