Are Nursing Homes Legally Allowed to Restrain Their Residents?

 Posted on April 21, 2026 in Nursing Home Abuse and Neglect

The image of an elderly loved one being physically restrained in their nursing home can be very upsetting. However, restraint of residents does sometimes happen. Restraint may be necessary in some cases, i.e., for the resident’s own safety during medical procedures. Although, it’s heavily regulated, and abuse of restraint use is a serious legal offense.

If you suspect that your loved one is being inhumanely or unnecessarily restrained at their care facility in 2026, a Towson, MD nursing home abuse lawyer can help you figure out what your options are.

When is Restraining a Resident in a Nursing Home Considered Legal in Maryland?

Federal law, under 42 C.F.R. § 483.12, allows nursing homes to use physical or chemical restraints, but only as required for the treatment of medical symptoms. Nursing homes must use the least restrictive method possible for the least amount of time possible. Even then, the resident or their legal representative must give informed consent. Restraints cannot be used for disciplinary reasons or for the convenience of the staff.

It helps when trying to determine issues of abuse to understand what counts as a restraint. There are two main types.

Physical restraints

This is any device, material, or equipment attached to or near a resident's body that limits their freedom of movement and cannot be easily removed by them. This includes wrist ties, vest restraints, bedrails (in certain configurations), and wheelchair lap belts used to prevent standing.

Chemical restraints

Chemical restraints are medications given to manage behavior or control movement. Sedating a resident to keep them quiet or compliant is a chemical restraint, even if the drug is technically prescribed.

Both types are subject to the same rules. A nursing home can't sedate a resident simply because they're "difficult" or to reduce the workload on understaffed employees.

Signs that a restraint may have been improper include unexplained bruising or marks and a sudden decline in a resident’s mental or physical condition. It may also be a concern if staff are unable to explain why a restraint was used or cannot provide documentation supporting the decision.

What Rights Do Maryland Nursing Home Residents Have When It Comes to Restraints?

Nursing home residents have federally protected rights that specifically cover restraints. The Nursing Home Reform Act establishes a Residents' Bill of Rights. This includes the previously mentioned right to be free from any physical or chemical restraint imposed for purposes of discipline or convenience.

Residents also have the right to:

• Refuse treatment, including the use of restraints

• Have their care plan reviewed and updated regularly

• Be treated with dignity and have their autonomy respected

A family member who has power of attorney can also exercise these rights on behalf of a resident who isn't able to do so themselves.

What Should You Do If You Think a Nursing Home is Using Excessive Restraints?

If you believe a nursing home has been restraining your loved one unnecessarily or without proper consent or medical justification, there are steps you should take right away.

Document Everything

Write down what you observed and when. Note, if restraints have been added to beds or wheelchairs, any physical marks on your loved one, changes in behavior, or statements made by them or staff. If you can, take photographs of any visible injuries.

Report the Facility

You can file a complaint with the Maryland Office of Health Care Quality, which oversees nursing home facilities in the state. Reporting doesn't prevent you from also pursuing a legal claim.

Talk to an Attorney

Nursing home abuse cases involving improper restraints can be complex. Facilities may have legal teams and insurance companies working to minimize their liability. Having someone on your side who knows this area of law makes a real difference.

Call a Towson, MD Nursing Home Abuse Lawyer Today

If you’re worried that your loved one's rights were violated at a care facility, our Baltimore County, MD nursing home abuse attorney can help. He handles cases on a contingency fee basis, meaning you pay nothing unless he wins your case. With over 12 years of experience and a commitment to giving every case his personal attention, he's ready to fight for your family member’s rights.

Call Serafini Law at 240-744-1600 today for a free consultation. We are available 24/7.