California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 1 - General Provisions › Subchapter 5 - Clients' Rights › Article 1 - Purpose and Definitions › Section 50501 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) As used in this
					 subchapter the following words and phrases have the specified meaning:
(1) Client. "Client" means any person with a
					 developmental disability who is receiving services, is an applicant for
					 services, or has been referred for services pursuant to the Lanterman
					 Developmental Disabilities Services Act.
(2) Clients' rights advocate. "Clients'
					 rights advocate" means the individual or individuals assigned by a regional
					 center or state hospital to be responsible for clients' rights assurance for
					 persons with developmental disabilities.
(3) Clients' Rights Assurance. "Clients'
					 Rights Assurance" refers to the comprehensive program of ensuring that the
					 civil, legal and service rights of persons with developmental disabilities are
					 available and guaranteed to such persons.
(4) Clients' Rights Officer. "Clients' Rights
					 Officer" is the person assigned by the director to implement the department's
					 clients' rights assurance endeavors on a statewide basis and to provide
					 technical assistance and functional supervision to the network of clients'
					 rights advocates throughout California.
(5) Community care facility. "Community care
					 facility" means any licensed facility defined in Health and Safety Code Section
					 1502.
(6) Department. "Department" means the State
					 Department of Developmental Services.
(7) Developmental disability. "Developmental
					 disability" means any condition included within the definition of this term by
					 Welfare and Institutions Code Section
					 4512(a)
					 and applicable regulations promulgated by the Director.
(8) Director. "Director" means the Director
					 of the State Department of Developmental Services.
(9) Health facility. "Health facility" means
					 any licensed facility defined in Health and Safety Code Section
					 1250.
(10) Postural support. "Postural support"
					 refers to any device other than orthopedic braces used to assist clients in
					 achieving proper body position and balance. These devices are distinguished
					 from restraints.
(11) Physician.
					 "Physician" means a person licensed as a physician and surgeon by the
					 California Board of Medical Quality Assurance or California Board of
					 Osteopathic Examiners.
(12)
					 Professional person in charge of the facility. "Professional person in charge
					 of the facility" means:
(A) In a health
					 facility, a physician, psychiatrist, psychologist, social worker, or registered
					 nurse who is designated by the licensee as the professional person clinically
					 in charge of the facility.
(B) In a
					 community care facility, the administrator of the facility as designated by the
					 licensee.
(C) In a state hospital,
					 the chief executive officer of such hospital.
(13) Psychiatrist. "Psychiatrist" means a
					 person who is licensed as a physician and surgeon by the California Board of
					 Medical Quality Assurance or the California Board of Osteopathic Examiners and
					 who is certified or eligible for certification by the American Board of
					 Psychiatry and Neurology, or the American Osteopathic Board of Neurology and
					 Psychiatry, or is a physician who is licensed by the California Board of
					 Medical Quality Assurance or the California Board of Osteopathic Examiners and
					 has specialized training and/or experience in psychiatry.
(14) Psychologist. "Psychologist" means a
					 person licensed by the California Board of Medical Quality Assurance and (1)
					 who possesses an earned doctorate degree in psychology from an educational
					 institution meeting the criteria of subdivision (c) of Section
					 2914
					 of the Business and Professions Code and (2) has not less than two years of
					 clinical experience in a multidisciplinary facility licensed or operated by
					 this or another state, or by the U.S. to provide health care, or is listed in
					 the National Register of Health Service Providers in Psychology, as adopted by
					 the Council for the National Register of Health Service Providers in
					 Psychology.
(15) Registered nurse.
					 "Registered nurse" means a person licensed as such by the California Board of
					 Registered Nursing.
(16) Restraint.
					 "Restraint" means control of the client's behavior or activities through the
					 use of physical or pharmaceutical means other than postural supports. For the
					 purpose of these regulations, restraint is distinguished from the temporary
					 constraint of a client by direct physical contact only, where there is clear
					 evidence for believing the existence of an imminent danger to either the client
					 or others if such constraint is not accomplished.
(17) Seclusion. "Seclusion" is the
					 involuntary isolation of a client in a locked room. As used in this subchapter,
					 seclusion does not include isolation of a client for the purpose of containing
					 any contagious disease when written order of a physician directs such isolation
					 for this limited purpose. Such medical isolation shall not be in a locked room
					 unless the physician's order expressly directs it on the basis of a finding
					 that, if not locked, the particular client's isolation cannot be
					 maintained.
(18) Service catchment
					 area. "Service catchment area" refers to that geographical area within which a
					 regional center provides services specified in its contract with the Department
					 as required by Welfare and Institutions Code Section
					 4640.
(19) Social worker. "Social worker" means a
					 person who is a graduate of a school of social work accredited or approved by
					 the Council on Social Work Education and has one year of social work experience
					 in a health care setting or who is licensed as such by the California Board of
					 Behavioral Science Examiners.
(20)
					 Services. "Services" means anything included within the definition of services
					 set forth in Welfare and Institutions Code Section
					 4512(b)
					 and in regulations promulgated by the Director.
(21) State hospital. "State hospital" means
					 any of the licensed state operated health facilities designated in Welfare and
					 Institutions Code Section
					 4440.