California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 2 - Acute Psychiatric Hospital › Article 6 - Administration › Section 71517 - Admission, Transfer and Discharge Policies

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each hospital shall have written
				  admission, transfer and discharge policies which encompass the types of
				  diagnoses for which patients may be admitted, limitations imposed by law or
				  licensure, staffing limitations, rules governing emergency admissions, policies
				  concerning advance deposits, rates of charge for care, charges for extra
				  services, terminations of services, refund policies, insurance agreements and
				  other financial considerations, discharge of patients and other related
				  functions.
(b) Patients shall be
				  admitted only upon the order and under the care of a member of the medical
				  staff of the hospital who is a licensed health care practitioner acting within
				  the scope of his or her professional licensure. The patient's condition and
				  provisional diagnosis shall be established at time of admission by the member
				  of the medical staff who admits the patient subject to the rules and
				  regulations of the hospital, and the provisions of Section
				  71505(a).
(c) Within 24 hours after admission or
				  immediately before, every patient shall have a complete history and physical
				  examination and psychiatric evaluation performed by persons lawfully authorized
				  by their respective practice acts to perform such examinations providing the
				  condition of the patient permits. Each patient shall have a complete
				  psychological evaluation performed by a physician and surgeon or clinical
				  psychologist consistent with the medical staff bylaws, and providing the
				  condition of the patient permits.
(d) No mentally competent adult shall be
				  detained in a hospital against his will. An emancipated minor shall not be
				  detained in a hospital against his will. An unemancipated minor shall not be
				  detained against the will of his parent or legal guardian. In those cases where
				  law permits an unemancipated minor to contract for medical care without the
				  consent of his parent or guardian, he shall not be detained in the hospital
				  against his will. This provision shall not be construed to preclude or prohibit
				  attempts to persuade a patient to remain in the hospital in his own interest,
				  nor the temporary detention of a mentally disturbed patient for the protection
				  of himself or others under the provisions of the Lanterman-Petris-Short Act
				  (Welfare and Institutions Code, Section
				  5000
				  et seq.) if the hospital has been designated by the county as a treatment
				  facility pursuant to said act, nor to prohibit a minor legally capable of
				  contracting for medical care from assuming responsibility for his discharge.
				  However, in no event shall a patient be detained solely for nonpayment of his
				  hospital bill.
(e) No inpatient
				  shall be transferred or discharged for purposes of effecting a transfer, from a
				  hospital to another health facility, unless arrangements have been made in
				  advance for admission to such health facility and the person legally
				  responsible for the patient has been notified or attempts over a 24-hour period
				  have been made and a responsible person cannot be reached. A transfer or
				  discharge shall not be carried out if, in the opinion of the patient's licensed
				  health care practitioner acting within his or her scope of professional
				  licensure, and based on his or her assessment of the patient's clinical
				  condition, such transfer or discharge would create a hazard.
(f) A minor shall be discharged only to the
				  custody of his or her parent or to his legal guardian or custodian, unless such
				  parent or guardian shall otherwise direct in writing. This provision shall not
				  be construed to preclude a minor legally capable of contracting for medical
				  care from assuming responsibility for himself upon discharge.
(g) Each patient upon admission shall be
				  provided with a wristband identification tag or other means of identification
				  unless the patient's condition will not permit such identification. Minimum
				  information shall include the name of the patient, hospital admission number
				  and the name of the hospital.
(h)
				  Involuntary admission to the hospital shall be in conformity with the
				  provisions of the Lanterman-Petris-Short Act (Welfare and Institutions Code,
				  Section
				  5000
				  et seq.).
1. Amendment
					 filed 2-8-83; designated effective 3-2-83 (Register 83, No. 7).
2.
					 Change without regulatory effect amending subsections (b) and (e) and amending
					 NOTE filed 3-24-2005 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2005, No. 12).
3. Change without regulatory
					 effect amending subsections (b) and (e) and NOTE filed 4-20-2006 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2006, No. 16).
4. Amendment of subsections (b)
					 and (e) and NOTE filed 3-3-2010; operative 4-2-2010 (Register 2010, No.
					 10).
Note: Authority cited: Sections
						1275,
						100275
						and
						131200,
						Health and Safety Code. Reference: Sections
						1276,
						1315,
						1316,
						1316.5,
						131050,
						131051
						and
						131052,
						Health and Safety Code.