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DMH proposes regulations for negative behavior
(June 2005 Issue)

By Phyllis Hanlon

The Massachusetts Department of Mental Health (DMH) recently proposed regulations restricting the use of negative interventions as consequences for certain behaviors.

The suggested changes oblige facilities to limit sanctions including loss of privileges or separation from a group or an activity. All negative consequences are to be fully detailed in a patient's treatment plan and should only be implemented following unsuccessful attempts to employ positive behavioral supports. Corporal punishment, infliction of pain, physical discomfort or food or sleep deprivation is prohibited. Finally, the use of restraints or seclusion is not allowed. The proposed regulations focus on positive and supportive behavioral interventions that will promote a patient's self-esteem and sense of accomplishment in accordance with that individual's needs, personal history and ability.

According to DMH Chief of Staff Lester Blumberg, the proposed regulations are an attempt to regulate and narrow the circumstances in which negative consequences are imposed on psychiatric inpatients. "Without regulation, we hear about inappropriate uses of negative consequences only if complaints are made," he says. "By explicitly requiring that behavioral support plans be consensual and positive and by allowing limited negative consequences only after documented failure of positive reinforcement, we are sending a clear message that consequences such as restriction of privileges cannot be imposed arbitrarily and without oversight."

Toby Fisher, MBA, MSW, executive director of the National Alliance for the Mentally Ill of Massachusetts (NAMI), says, "Any time restraint and seclusion is used, it is a treatment failure. All other interventions should be tried first and only in the most desperate and life threatening circumstance should restraints or seclusion be used." He adds that NAMI commends all efforts to eliminate the use of coercive methods. "With the advent of better treatment and recovery, there is great hope for the future," he says.

Cambridge Hospital has led the way in implementing positive behavioral interventions. According to Chris Pagano, Ph.D., staff psychologist and Coordinator of Psychology Training, Child Assessment Unit, restraints and seclusion are avoided whenever possible. Since Nov. 2001, the hospital has not utilized any mechanical restraints. "Our whole philosophy is built on the child's need for nurturance. We get to know the children and develop relationships," he says. Using a collaborative approach, staff members work with the children to identify and understand triggers and build skills to regulate emotions and behavior, Pagano explains.

In past years, the use of physical restraints could be attributed to "received wisdom," Pagano says. "In some ways, it is a natural response to be afraid and want to contain the potential for danger." However, in such cases, staff missed the psychological impact on the patient, he adds. Pagano has seen both positive and negative interventions in his 20-year hospital experience and believes the type of intervention underlies the importance of a patient's relationship with caretakers.

Cambridge Hospital does not practice a "level system" of consequences, except when safety issues are paramount, according to Pagano. Staff attempts to engage children who become agitated rather than immediately confine them to their rooms. "The staff will sit with or be near the child," he says. "They let them know they're available to help them figure out what is bothering them." He states that the facility makes an "allowance for children to get physical affection" from the staff. "We try to reach them at an emotional level," Pagano says.

Pagano views the DMH efforts to implement statewide guidelines on limiting loss of privilege as a positive step. In the absence of such parameters, staff might miss the point of teaching the child skills to develop self-control, he asserts. "Too much focus on taking away privileges overlooks the psychoeducational aspect of the experience," says Pagano. He adds that privileges should be used as encouragement and incentive rather than punishment.

The public is invited to comment on DMH's proposed regulations (DMHRegs@dmh.state. ma.us, proposed regulations can be found at the DMH home page). Blumberg says, "We are currently reviewing the comments we have received and will be making decisions on whether to revise the proposed regulations before promulgating them."