reglab/statecodes huggingface dataset:
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 10 - Judicial Council Employer-Employee Relations Act › Subchapter 1 - Representation Procedures › Article 2 - Severance Petition › Section 95100 - Severance Petition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
					 employee organization may file a severance petition to become the exclusive
					 representative of an appropriate unit consisting of a group of employees who
					 are already members of a larger established unit represented by an incumbent
					 exclusive representative. The severance petition shall be filed with PERB, be
					 signed by an authorized agent of the employee organization, and include the
					 following information:
(1) The name, address,
					 e-mail address, and telephone number of the employer; and the name, address,
					 e-mail address, and telephone number of the employer's authorized
					 agent;
(2) A description of the
					 unit claimed to be appropriate, including the classifications and positions to
					 be included and those to be excluded;
(3) A statement that the severance petition
					 is accompanied by proof of majority support of the employees in the unit
					 claimed to be appropriate;
(4) The
					 approximate number of employees in the unit claimed to be
					 appropriate;
(5) The effective date
					 and expiration date of the current memorandum of understanding, if any,
					 covering employees in the established unit;
(6) The date on which the exclusive
					 representative was certified;
(7)
					 The name, address, e-mail address, and telephone number of the exclusive
					 representative of the established unit; and the name, address, e-mail address,
					 and telephone number of the exclusive representative's authorized
					 agent;
(8) The name, address,
					 e-mail address, and telephone number of the petitioning employee organization;
					 and the name, address, e-mail address, and telephone number of the petitioning
					 employee organization's authorized agent.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 10 - Judicial Council Employer-Employee Relations Act › Subchapter 1 - Representation Procedures › Article 2 - Severance Petition › Section 95110 - Posting Notice of Severance Petition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The employer shall post a notice of the
					 severance petition as soon as possible but in no event later than 15 days
					 following service of a copy of the petition. The notice shall only include the
					 following information:
(1) The case number
					 assigned by PERB to the severance petition;
(2) The date the notice was posted by the
					 employer;
(3) The date the
					 severance petition was filed with PERB;
(4) The name, address, e-mail address, and
					 telephone number of the employee organization filing the severance
					 petition;
(5) A statement that the
					 severance petition is based on the claim that a majority of the employees in
					 the unit claimed to be appropriate wish to be represented by the petitioning
					 employee organization;
(6) The
					 names, addresses, e-mail addresses, and telephone numbers of the employer and
					 incumbent employee organization;
(7) The final date for posting the notice;
					 and
(8) A signature of an
					 authorized agent of the employer.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 10 - Judicial Council Employer-Employee Relations Act › Subchapter 1 - Representation Procedures › Article 2 - Severance Petition › Section 95120 - Board Determination Regarding Proof of Support - Severance Petition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Within 20 days
					 of the date of service of the severance petition, the employer shall file with
					 PERB an alphabetical list, including job titles or classifications, of
					 employees employed in the claimed unit as of the last date of the payroll
					 period immediately preceding the date the petition was filed with PERB, unless
					 otherwise directed by the Board.
(b) If, after initial determination pursuant
					 to Section 32700 that the proof of support is
					 insufficient, the Board shall allow up to 10 days or until the last day of the
					 "window period" as defined by Section
					 95000, whichever occurs first, to
					 perfect the proof of support.
(c)
					 Upon completion of the review of the proof of support, the Board shall inform
					 the parties in writing of the determination as to sufficiency or lack thereof
					 regarding the proof of support.
1. New
						section filed 4-18-2023; operative 7-1-2023 (Register 2023, No.
						16).
2. Change without regulatory effect amending section heading
						filed 7-27-2023 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2023, No. 30).
Note: Authority cited: Section
						  3524.52(a),
						  Government Code. Reference: Section
						  3524.74,
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 10 - Judicial Council Employer-Employee Relations Act › Subchapter 1 - Representation Procedures › Article 2 - Severance Petition › Section 95130 - Response to Severance Petition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The employer or the exclusive
					 representative of the established unit may file a responding statement
					 supporting or opposing the severance petition. Unless otherwise notified by the
					 Board, such response shall be filed with PERB within 20 days following the date
					 of service of the severance petition. Service and proof of service of the
					 response pursuant to Section
					 32140 are required.
(b) The response shall be in writing, signed
					 by an authorized agent of the responding party, and include the following
					 information:
(1) The name, address, e-mail
					 address, and telephone number of the responding party; and the name, address,
					 e-mail address, and telephone number of the responding party's authorized
					 agent;
(2) A statement confirming
					 or refuting the information contained in the severance petition regarding the
					 date the incumbent exclusive representative was recognized or certified, and
					 the effective date and the expiration date of any current agreement covering
					 employees in the established unit;
(3) A concise statement setting forth support
					 of or opposition to the unit proposed by the severance petition.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 10 - Judicial Council Employer-Employee Relations Act › Subchapter 1 - Representation Procedures › Article 2 - Severance Petition › Section 95140 - Amendment of Severance Petition; Posting Amendments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A severance petition may be amended to
					 correct technical errors or to delete job classifications or positions from the
					 proposed unit at any time prior to the issuance of a PERB notice of
					 representation hearing or, where no hearing has been held, issuance of a
					 Directed Election Order or approval of a Consent Election Agreement. The
					 amendment shall be filed with PERB and include the information required in
					 Section 95100(a). Service
					 and proof of service pursuant to Section
					 32140 are required.
(b) A severance petition may be amended to
					 add job classifications or positions to the proposed unit, subject to the
					 following:
(1) An amendment to add job
					 classifications or positions to a proposed unit may be filed within the time
					 frames listed in subsection (a), except that if there exists a memorandum of
					 understanding between the employer and the exclusive representative covering
					 any of the employees to be added to the proposed unit, the amendment must be
					 filed in the manner set out in Section
					 32110 during the "window period" as
					 defined by Section
					 95000.
(2) The amendment shall be filed with PERB
					 and include the information required in Section
					 95100(a). Service
					 of the amendment, excluding any proof of support, and proof of service pursuant
					 to Section 32140 are required. Additional
					 proof of support, if needed to maintain standing as a petitioner, shall be
					 filed with PERB with the amendment.
(3) The employer shall post a notice of the
					 amendment as soon as possible but in no event later than 15 days following
					 service of the amendment. The notice shall conform to the requirements for
					 posting a notice of severance petition as set forth in Section
					 95110, and shall remain posted for
					 20 days.
(4) A response from any
					 party to the amended petition may be filed with PERB within 15 days following
					 the service of the Board's determination of adequacy of proof of support,
					 unless otherwise directed by the Board. The response shall conform to the
					 requirements for responses as set forth in Section
					 95130.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 10 - Judicial Council Employer-Employee Relations Act › Subchapter 1 - Representation Procedures › Article 2 - Severance Petition › Section 95150 - Withdrawal of Severance Petition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any severance petition may be withdrawn by an authorized
						representative of the employee organization that filed it. Such withdrawal
						shall be filed with PERB. Service and proof of service pursuant to Section
						32140 are required.
1. New
						section filed 4-18-2023; operative 7-1-2023 (Register 2023, No.
						16).
Note: Authority cited: Section
						  3524.52(a),
						  Government Code. Reference: Section
						  3524.74,
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 10 - Judicial Council Employer-Employee Relations Act › Subchapter 1 - Representation Procedures › Article 2 - Severance Petition › Section 95160 - Board Investigation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Whenever a severance petition is filed
					 with the Board, the Board shall investigate and, where appropriate, conduct a
					 hearing and/or a representation election or take such other action as deemed
					 necessary to decide the questions raised by the petition.
(b) A severance petition shall be dismissed
					 in part or in whole whenever the Board determines that:
(1) The petitioner has no standing to
					 petition for the action requested; or
(2) There is currently in effect a memorandum
					 of understanding between the employer and another employee organization
					 recognized or certified as the exclusive representative of any employees
					 covered by the severance petition, unless the petition is filed less than 120
					 days but more than 90 days prior to the expiration date of such memorandum or
					 the end of the third year of such memorandum; provided that, if such memorandum
					 has been in effect for three years or more, there shall be no restriction as to
					 time of filing the petition; or
(3)
					 A valid representation election result has been certified affecting the
					 described unit or a subdivision thereof within the 12 months immediately
					 preceding the date of filing of the severance petition.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 10 - Judicial Council Employer-Employee Relations Act › Subchapter 1 - Representation Procedures › Article 3 - Representation Election › Section 95200 - Notice of Intent to Conduct Election

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Upon determination to conduct a representation election
						other than an election directed by a Board decision, the Board shall issue a
						notice of intent to conduct election to all interested parties. A notice of
						decision which orders a representation election shall serve as a notice of
						intent to conduct election.
1. New
						article 3 (sections
						95200-95230) and section filed
						4-18-2023; operative 7-1-2023 (Register 2023, No.
						16).
Note: Authority cited: Section
						  3524.52(a),
						  Government Code. Reference: Section
						  3524.74,
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 10 - Judicial Council Employer-Employee Relations Act › Subchapter 1 - Representation Procedures › Article 3 - Representation Election › Section 95210 - Intervention to Appear on Ballot

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Within 20 days following issuance of a
					 notice of intent to conduct election in the appropriate unit, any employee
					 organization may file an intervention to appear on the ballot. The intervention
					 shall be filed with PERB and include the information required in Section
					 95030(a). The
					 intervention shall be accompanied by proof of support of at least 30 percent of
					 the employees in the appropriate unit. Proof of support is defined in Section
					 32700.
(b) Service of the intervention, excluding
					 the proof of support, and proof of service pursuant to Section
					 32140 are required.
1. New
						section filed 4-18-2023; operative 7-1-2023 (Register 2023, No.
						16).
Note: Authority cited: Section
						  3524.52(a),
						  Government Code. Reference: Section
						  3524.74,
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 10 - Judicial Council Employer-Employee Relations Act › Subchapter 1 - Representation Procedures › Article 3 - Representation Election › Section 95220 - Board Determination Regarding Proof of Support

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Within 20 days of issuance of a notice of
					 intent to conduct election, the employer shall file with PERB an alphabetical
					 list, including job titles or classifications of employees employed in the
					 appropriate unit, as of the last date of the payroll period immediately
					 preceding the date of issuance of the notice of intent to conduct election,
					 unless otherwise directed by the Board.
(b) If, after initial determination pursuant
					 to Section 32700 that the proof of support is
					 insufficient, the Board shall allow up to 10 days to perfect the proof of
					 support.
(c) Upon completion of the
					 review of the proof of support, the Board shall inform the parties in writing
					 of the determination as to sufficiency or lack thereof regarding the proof of
					 support.
1. New
						section filed 4-18-2023; operative 7-1-2023 (Register 2023, No.
						16).
Note: Authority cited: Section
						  3524.52(a),
						  Government Code. Reference: Sections
						  3524.74
						  and
						  3524.77,
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 10 - Judicial Council Employer-Employee Relations Act › Subchapter 1 - Representation Procedures › Article 3 - Representation Election › Section 95230 - Conduct of Elections

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All elections shall be conducted by the Board in
						accordance with election procedures described in Chapter 1, Subchapter 6,
						Article 2 of these regulations.
1. New
						section filed 4-18-2023; operative 7-1-2023 (Register 2023, No.
						16).
Note: Authority cited: Section
						  3524.52(a),
						  Government Code. Reference: Section
						  3524.74,
						  Government Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 1 - Requirements for Operation of Private Institutions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer of
				Subchapter 1 (Sections
				1 through
				153) and new Subchapter 1 (Sections
				1 through
				295) filed 5-29-62; designated effective
				7-1-62 (Register 62, No. 11). For prior history see Register 54, No.
				22.
2. Repealer of Subchapter 1 and new Subchapter 1 (Sections
				1,
				2,
				2.5,
				3-34,
				40-47,
				50-59,
				59.1,
				60-62,
				70-72,
				80,
				90-92,
				100,
				101,
				110-118,
				120,
				130-132,
				140-152,
				160-163,
				170,
				171,
				180-187,
				190,
				200-213,
				220-225,
				230-238,
				240-247,
				250-253,
				260,
				270-275,
				280-285,
				290,
				300,
				301,
				310-313,
				320-324) filed 6-30-65 as an emergency;
				effective upon filing. Certificate of Compliance--Sec.
				11422.1, Gov. Code included (Register
				65, No. 11).
3. Repealer of Subchapter 1 (Articles 1-28, Sections
				1-313, not consecutive) filed 1-13-83;
				effective upon filing pursuant to Government Code Section
				11346.2(d)
				(Register 83, No. 3). For prior history, see Registers 78, No. 44; 75, No. 31; 75,
				No. 24; and 69, No. 26.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 2 - Conflict of Interest Code › Section 400 - General Provisions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Political Reform Act, Government Code sections
				  81000 et seq.,
				  requires state and local government agencies to adopt and promulgate Conflict of
				  Interest Codes. The Fair Political Practices Commission has adopted Section
				  18730 of title 2, California Code of
				  Regulations (CCR), containing the terms of a standard Conflict of Interest Code.
				  Section 18730 may be incorporated by reference
				  and may be amended by the Fair Political Practices Commission to conform to
				  amendments in the Political Reform Act after public notice and hearings. Therefore,
				  the terms of Section
				  18730 of title 2, CCR and any amendments
				  to it duly adopted by the Fair Political Practices Commission, along with the
				  attached Appendices (in which officials and employees are designated and disclosure
				  categories are set forth), are hereby incorporated by reference. These terms,
				  amendments, and Appendices constitute the Conflict of Interest Code of the
				  Department of State Hospitals ("Department").
Individuals holding designated positions shall file statements of
				  economic interests with the Department, which will make the statements available for
				  public inspection and reproduction (Gov. Code, §
									81008). The
				  Director must file their statement of economic interests electronically with the
				  Fair Political Practices Commission. All other statements will be retained by the
				  Department.
Note: Authority cited: Sections
					 87300 and
					 87306,
					 Government Code. Reference: Sections
					 87300, et seq., Government Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 3 - Community Mental Health Services Under the Short-Doyle Act › Article 1 - Application › Section 500 - Application of Subchapter

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Subchapter 3 shall apply to Community Mental Health Services and
					 Local Mental Health Services as defined in and for which state reimbursement is
					 claimed under the provisions of Part 2 of Division 5 of the Welfare and Institutions
					 Code.
1. Repealer of
					 Subchapter 3, Community Mental Health Services under the Short-Doyle Act, and
					 Subchapter 3, Community Mental Health Services, and new Subchapter 3, Community
					 Mental Health Services under the Short-Doyle Act (Sections
					 500,
					 501,
					 510-517,
					 520-527,
					 540-552,
					 560-563,
					 580-583,
					 600,
					 601,
					 620,
					 620.1,
					 621-630,
					 640-642,
					 660-663,
					 680,
					 690,
					 691,
					 700,
					 710-716,
					 730,
					 740-742,
					 750,
					 760,
					 761,
					 770-772) filed 5-21-69; all designated
					 effective 7-1-69, except sections
					 580 and
					 581, designated effective on thirtieth
					 day after filing (Register 69, No. 21). For prior history, see Register 68, No.
					 27.
2. Editorial correction of NOTE filed 10-26-82 (Register 82, No.
					 44).
Note: Authority cited: Section
						5750,
						Welfare and Institutions Code. Reference: Section
						5750,
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 3 - Community Mental Health Services Under the Short-Doyle Act › Article 1 - Application › Section 501 - Section Headings. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer filed
					 1-13-83; effective thirtieth day thereafter (Register 83, No. 3).
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 3 - Community Mental Health Services Under the Short-Doyle Act › Article 2 - Definitions › Section 510 - Act

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Act" means Part 2 of Division 5 of the Welfare and Institutions
					 Code, known as the Short-Doyle Act.
1. Editorial
					 correction adding NOTE filed 10-26-82 (Register 82, No. 44).
Note: Authority cited: Section
						5750,
						Welfare and Institutions Code. Reference: Sections
						5600
						and
						5750,
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 3 - Community Mental Health Services Under the Short-Doyle Act › Article 2 - Definitions › Section 511 - Local Director

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Local director" means the administrator or director of the
					 Local Mental Health Service appointed by the governing body.
1. Editorial
					 correction adding NOTE filed 10-26-82 (Register 82, No. 44).
Note: Authority cited: Sections
						5607,
						5751
						and
						5751.1,
						Welfare and Institutions Code. Reference: Sections
						5607
						and
						5650,
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 3 - Community Mental Health Services Under the Short-Doyle Act › Article 2 - Definitions › Section 512 - Local Mental Health Service

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Local Mental Health Service" means community mental health
					 services established under the Short-Doyle Act.
1. Editorial
					 correction adding NOTE filed 10-26-82 (Register 82, No. 44).
Note: Authority cited: Section
						5750,
						Welfare and Institutions Code. Reference: Section
						5602,
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 3 - Community Mental Health Services Under the Short-Doyle Act › Article 2 - Definitions › Section 513 - Department

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Department" means the Department of Health Care
					 Services.
1. Amendment
					 filed 6-29-73 as an emergency; designated effective 6-30-73 (Register 73, No.
					 26).
2. Certificate of Compliance filed 10-24-73 (Register 73, No.
					 43).
3. Amendment filed 6-30-78 as an emergency; designated effective at
					 11:59 p.m. on 6-30-78 (Register 78, No. 26).
4. Certificate of Compliance
					 transmitted to OAH 10-27-78; filed 10-31-78 (Register 78, No. 44).
5.
					 Editorial correction of NOTE filed 10-26-82 (Register 82, No. 44).
6.
					 Change without regulatory effect amending section and NOTE filed 8-26-2015 pursuant
					 to section 100, title 1, California Code of
					 Regulations (Register 2015, No. 35).
Note: Authority cited: Section
						4005.1,
						4005.6,
						5750,
						10725
						and
						14700,
						Welfare and Institutions Code. Reference: Sections
						4011
						and
						5750,
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 3 - Community Mental Health Services Under the Short-Doyle Act › Article 2 - Definitions › Section 514 - May, Shall and Should

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"May" is permissive. "Shall" is mandatory. "Should" means
					 desirable.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 3 - Community Mental Health Services Under the Short-Doyle Act › Article 2 - Definitions › Section 515 - General Hospital. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer filed
					 1-13-83; effective thirtieth day thereafter (Register 83, No. 3).
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 3 - Community Mental Health Services Under the Short-Doyle Act › Article 2 - Definitions › Section 516 - Psychiatric Hospital. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer filed
					 1-13-83; effective thirtieth day thereafter (Register 83, No. 3).
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 3 - Community Mental Health Services Under the Short-Doyle Act › Article 2 - Definitions › Section 517 - County Plan

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"County Plan" means the County Short-Doyle Plan which must be
					 adopted by each county, or counties acting jointly, in accordance with Section
					 5650 of the act.
1. Editorial
					 correction adding NOTE filed 10-26-82 (Register 82, No. 44).
2. Editorial
					 correction of HISTORY 1 (Register 95, No. 10).
Note: Authority cited: Sections
						5650
						and
						5750,
						Welfare and Institutions Code. Reference: Sections
						5651,
						5651.1,
						5651.2,
						5651.5,
						5651.7,
						5652
						and
						5653,
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 3 - Community Mental Health Services Under the Short-Doyle Act › Article 3 - General Provisions › Section 520 - Establishment of Local Services. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer filed
					 1-13-83; effective thirtieth day thereafter (Register 83, No. 3).
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 3 - Community Mental Health Services Under the Short-Doyle Act › Article 3 - General Provisions › Section 521 - Supervision by Local Director

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Local Director shall maintain general supervision over all
					 Local Mental Health Services through direct operation of the services or by written
					 arrangement with the person or agency providing the service. Such arrangement shall
					 permit the Local Director to supervise and specify the kind, quality and amount of
					 the services and criteria for determining the persons to be served.
1. Editorial
					 correction adding NOTE filed 10-26-82 (Register 82, No. 44).
Note: Authority cited: Section
						5750,
						Welfare and Institutions Code. Reference: Sections
						5607,
						5608,
						5609
						and
						5609.5,
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 3 - Community Mental Health Services Under the Short-Doyle Act › Article 3 - General Provisions › Section 522 - Medical Responsibility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A physician meeting the qualifications of Section
					 620
					 (a) shall assume responsibility for all
					 those acts of diagnosis, treatment, or prescribing or ordering of drugs which may
					 only be performed by a licensed physician.
1. Amendment
					 filed 1-12-73; effective thirtieth day thereafter (Register 73, No.
					 2).
2. Editorial correction adding NOTE filed 10-26-82 (Register 82, No.
					 44).
Note: Authority cited: Sections
						5751
						and
						5751.1,
						Welfare and Institutions Code. Reference: Sections
						5751
						and
						5751.1,
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 3 - Community Mental Health Services Under the Short-Doyle Act › Article 3 - General Provisions › Section 523 - Contracts for Service

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Where a
				  person or agency is providing treatment services for the Local Mental Health
				  Service, the service shall be provided through written agreement. The provider of
				  services and the Local Mental Health Service shall comply with the provisions of
				  this subchapter.
(b) All applications to
				  provide services by written agreement shall be made in writing to the Local Mental
				  Health Director within such time as is necessary to permit a thorough review by the
				  Local Mental Health Director and such county administrative officers as the board of
				  supervisors may require to allow an orderly review, prior to the submission of the
				  annual county plan to the Department.
(c) When a treatment service being provided
				  through written agreement is terminated during the fiscal year or a new service is
				  initiated, applications will be accepted to provide the service during the fiscal
				  year if the Local Mental Health Director desires to continue the service or to
				  initiate a new service.
(d) In
				  evaluating the applications of potential providers of service, the ocal Mental
				  Health Director shall consider, but not be limited to, the following characteristics
				  to determine the appropriateness and desirability of the written agreement:
(1) Compatibility with county plan.
(2) Assurance of continuity of care to patients
				  being served.
(3) Local availability,
				  accessibility and degree of acceptability to population to be served.
(4) Unique service to target group of special
				  importance.
(5) Appropriate business and
				  administrative practices which show evidence of ability to comply with the Act's
				  requirements, regulations, accounting, reporting and auditing standards.
(6) Degree of citizens' participation in the
				  planning and implementation of the proposed contract.
(7) Evidence of demonstrated competence and
				  experience in the area of the program proposal.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 3 - Community Mental Health Services Under the Short-Doyle Act › Article 3 - General Provisions › Section 524 - Fee Schedules

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Fees for service to an individual shall be charged in accordance
					 with the ability of the patient or responsible relative to pay, but not in excess of
					 actual costs. Fees shall be charged in accordance with a uniform fee schedule
					 adopted by the Director of the Department pursuant to this Act.
1. Change without
					 regulatory effect (Register 88, No. 3).
2. Change without regulatory
					 effect amending section and NOTE filed 8-26-2015 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2015, No. 35).
Note: Authority cited: Sections
						5750,
						10725
						and
						14700,
						Welfare and Institutions Code. Reference: Sections
						5709
						and
						5710,
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 3 - Community Mental Health Services Under the Short-Doyle Act › Article 3 - General Provisions › Section 525 - Auxiliary Personnel

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each Local Mental Health Service should have sufficient clerical
					 personnel, and such accounting and statistical assistance as may be necessary to
					 maintain adequate records.
1. Editorial
					 correction adding NOTE filed 10-26-82 (Register 82, No. 44).
Note: Authority cited: Section
						5751,
						Welfare and Institutions Code. Reference: Section
						5751,
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 3 - Community Mental Health Services Under the Short-Doyle Act › Article 3 - General Provisions › Section 526 - Admission Policies

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each Local Mental Health Service shall have admission policies
					 which shall be in writing and available to the public. Such policies shall include a
					 provision that patients will be accepted for care without unlawful discrimination on
					 the basis of ethnic group identification, color, religion, age, sex, physical or
					 mental disability. This section shall apply to services provided by contract as well
					 as those provided directly by the Local Mental Health Service.
1. Change without
					 regulatory effect (Register 88, No.3).
Note: Authority cited: Section
						11138,
						Government Code; and Section
						5750,
						Welfare and Institutions Code. Reference: Section
						11135,
						Government Code; and Selection 5325.1, Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 3 - Community Mental Health Services Under the Short-Doyle Act › Article 3 - General Provisions › Section 527 - Discriminatory Practices

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Local Mental Health Service shall not employ unlawful
					 discriminatory practices in the admission of patients, assignment of accommodations,
					 employment of personnel, or in any other respect on the basis of color,
					 religion,age, sex, or physical or mental disability. This section shall apply to
					 services provided by contract as well as those provided directly by the Local Mental
					 Health Service.
1. Change without
					 regulatory effect (Register 88, No. 3).
Note: Authority cited: Section
						11138,
						Government Code; and Section
						5750,
						Welfare and Institutions Code. Reference: Section
						11135,
						Government Code; and Section
						5325.1,
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 3 - Community Mental Health Services Under the Short-Doyle Act › Article 3 - General Provisions › Section 529 - Mental Health Advisory Board Composition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  composition of the Mental Health Advisory Board shall reflect the minority
				  populations found in the county.
(b)
				  Each county shall indicate in the county mental health plan the minority group
				  affiliations of current board members.
(c) Each county shall describe in the plan efforts
				  being made to place presently unrepresented and under-represented minority group
				  members on the Board, including a timetable to achieve equitable
				  representation.
(d) Each county may
				  reimburse mental health advisory board members for reasonable expenses incurred
				  incident to the performance of their official duties and responsibilities. Such
				  expenses may include travel, lodging, child care, and meals for the members of the
				  advisory board while on official business as may be approved by the director of the
				  local mental health program.
1. New section
					 filed 12-20-79; effective thirtieth day thereafter (Register 79, No. 51).
Note: Authority cited: Sections
						5604,
						5604.5,
						5606.1,
						5715,
						and
						5750,
						Welfare and Institutions Code. Reference: Sections
						5604,
						5604.5,
						5606,
						5606.1,
						5606.2,
						and
						5715,
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 3 - Community Mental Health Services Under the Short-Doyle Act › Article 3 - General Provisions › Section 530 - Mental Health Advisory Board Committee Composition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  composition of various standing committees and other advisory groups addressed in
				  the county mental health plan whose function it is to assist and advise the County
				  Mental Health Advisory Board shall reflect the minority populations found in the
				  county.
(b) Each county mental health
				  plan submitted to the Department shall list the standing committees of and advisory
				  groups to the County Mental Health Advisory Board that have participated in the
				  development of the county mental health plan. The minority group affiliations of
				  current committee and group members shall be listed.
(c) The Department shall waive all or part of the
				  requirements of this section where it is agreed by the Department and the county
				  that there is not a significant number of any minority group in the
				  county.
1. New section
					 filed 12-20-79; effective thirtieth day thereafter (Register 79, No.
					 51).
2. Change without regulatory effect amending subsection (b) and NOTE
					 filed 8-26-2015 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2015, No. 35).
Note: Authority cited: Sections
						5750,
						10725
						and
						14700,
						Welfare and Institutions Code. Reference: Sections
						5604
						and
						5604.2,
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 3 - Community Mental Health Services Under the Short-Doyle Act › Article 3.5 - Standards for the Certification of Social Rehabilitation Programs › Section 531 - Program Standards and Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) To be
				  certified as a Short-Term Crisis Residential Treatment Program, a program shall
				  provide:
(1) Services as specified in either
				  subsection (e) or (f) of section
				  541 as an alternate to hospitalization
				  for individuals experiencing an acute psychiatric episode or crisis. The planned
				  length of stay in the program shall be in accordance with the client's assessed
				  needs, but not to exceed thirty (30) days, unless circumstances require a longer
				  length of stay to ensure successful completion of the treatment plan and appropriate
				  referral. The reasons for a length of stay beyond thirty (30) days shall be
				  documented in the client's case record. Under no circumstances may the length of
				  stay exceed three (3) months.
(2)
				  Scheduling of staff which provides for at least two (2) staff members to be on duty
				  24 hours a day, seven (7) days per week. If program design results in some clients
				  not being in the facility during specific hours of the day, scheduling adjustments
				  may be made so that coverage is consistent with and related to the number and needs
				  of clients in the facility. During the night time hours, when clients are sleeping,
				  only one of the two on duty staff members need be awake, providing the program does
				  not accept admissions at that time. There shall be a staffing ratio of at least one
				  (1) full-time equivalent direct service staff for each 1.6 clients
				  served.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 3 - Community Mental Health Services Under the Short-Doyle Act › Article 3.5 - Standards for the Certification of Social Rehabilitation Programs › Section 532 - Service Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Structured
				  day and evening services shall be available seven (7) days a week. Services in all
				  programs shall include, but not be limited to:
(1)
				  Individual and group counseling;
(2)
				  Crisis intervention;
(3) Planned
				  activities;
(4) Counseling, with
				  available members of the client's family, when indicated in the client's
				  treatment/rehabilitation plan;
(5) The
				  development of community support systems for clients to maximize their utilization
				  of non-mental health community resources;
(6) Pre-vocational or vocational
				  counseling;
(7) Client advocacy,
				  including assisting clients to develop their own advocacy skills;
(8) An activity program that encourages
				  socialization within the program and general community, and which links the client
				  to resources which are available after leaving the program; and,
(9) Use of the residential environment to assist
				  clients in the acquisition, testing, and/or refinement of community living and
				  interpersonal skills.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 3 - Community Mental Health Services Under the Short-Doyle Act › Article 3.5 - Standards for the Certification of Social Rehabilitation Programs › Section 532.1 - Medical Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Medical and psychiatric policies and practices of all programs
					 shall be in writing and shall include, but not be limited to:
(a) A plan for the monitoring of medications by a
				  person licensed to prescribe or dispense prescription drugs which will include but
				  not be limited to the name and qualifications of the person or persons who will
				  conduct the monitoring, its frequency and procedures;
(b) Screening for medical complications which may
				  contribute to disability conducted by a physician, nurse practitioner or physician's
				  assistant and a plan for follow-up. The screening for medical complications shall
				  occur within 30 calendar days prior to, or after admission. If a client refuses a
				  screening for medical complications, the program shall document the refusal in the
				  client case record.
(c) Client
				  education, provided by program staff or consultants, about the role of medications
				  and their potential side effects, with the goal of enabling the client to become
				  responsible for his or her own medication;
(d) Entries in client case records indicating all
				  prescribed and non-prescribed medications;
(e) Provisions for program staff to discuss
				  medication issues with a person licensed to prescribe or dispense prescription
				  drugs;
(f) Provisions for central
				  storage of medication when necessary; and,
(g) Encouragement to clients, when part of the
				  treatment/rehabilitation plan, to be personally responsible for holding, managing
				  and safeguarding all of their medications.
1. New section
					 filed 1-3-91; operative 2-2-91 (Register 91, No. 7).
2. Change without
					 regulatory effect amending NOTE filed 8-12-2014 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2014, No. 33).
Note: Authority cited: Sections
						4090
						and
						14700,
						Welfare and Institutions Code. Reference: Sections
						4090,
						4091,
						5670,
						5670.5
						and
						5671,
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 3 - Community Mental Health Services Under the Short-Doyle Act › Article 3.5 - Standards for the Certification of Social Rehabilitation Programs › Section 532.2 - Treatment/Rehabilitation Plan and Documentation Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each
				  program shall have an admission agreement, signed on entry by the client or an
				  authorized representative and program representative, describing the services to be
				  provided and the expectations and rights of the client regarding house rules, client
				  involvement in the program, and fees. The client shall receive a copy of the signed
				  admission agreement.
(b) There shall be
				  a written assessment of each client on admission which includes at least:
(1) Health and psychiatric histories;
(2) Psychosocial skills;
(3) Social support skills;
(4) Current psychological, educational, vocational
				  and other functional limitations;
(5)
				  Medical needs, as reported; and,
(6)
				  Meal planning, shopping and budgeting skills.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 3 - Community Mental Health Services Under the Short-Doyle Act › Article 3.5 - Standards for the Certification of Social Rehabilitation Programs › Section 532.3 - Admission/Discharge Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Admission
				  and discharge criteria of all programs shall be written and consistent with program
				  goals. The program's exclusionary criteria shall also be written and clearly
				  defined.
(b) The program shall have
				  written policies and procedures for orienting new clients to the service.
(c) The range of services provided shall be
				  discussed prior to admission with the prospective client or an authorized
				  representative so that the program's services are clearly understood.
1. New section
					 filed 1-3-91; operative 2-2-91 (Register 91, No. 7).
2. Change without
					 regulatory effect amending NOTE filed 8-12-2014 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2014, No. 33).
Note: Authority cited: Sections
						4090
						and
						14700,
						Welfare and Institutions Code. Reference: Sections
						4090,
						4091,
						5670,
						5670.5
						and
						5671,
						Welfare and Institutions Code.