Scrutinizing Seclusion: Recommendations for How to Protect Patients from Unwarranted Isolation

Seclusion consists of isolating a patient within a particular space and preventing them from leaving. While framed as a short-term strategy for preventing a patient from harming themselves or others, seclusion is used in ways that are ultimately harmful. The authors argue that administrative law should more strictly limit the use of seclusion techniques in hospital settings. They first outline the harmful impacts of seclusion on those who experience it. Next, they provide an overview of the current statutory framework; and they show that there is no regulatory body to ensure that the few existing guidelines are followed in practice. Finally, the authors make two key recommendations: 1) to establish a consistent definition of seclusion, guidelines for how and when to use it, and an oversight mechanism that ensures compliance; and 2) to promote changes within the medical profession, ensuring that patients and practitioners are well-informed about their respective rights and obligations.