reglab/statecodes huggingface dataset:
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 16 - State Hospital Operations › Article 5 - Contracts › Section 4530.6 - Negotiation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) From among
				  the firms selected in Section
				  4530.5, as most highly qualified to
				  perform the services required, the Director, or designee, shall attempt to negotiate
				  a satisfactory contract with the best qualified firm at a compensation which the
				  Department determines is fair and reasonable.
(b) If the Director or designee is unable to
				  negotiate a satisfactory contract with the best qualified firm at a compensation
				  which the Department determines is fair and reasonable, negotiations with that firm
				  shall be terminated and negotiations undertaken with the second best qualified firm.
				  If unable to negotiate a satisfactory contract with the second best qualified firm
				  at a compensation which the Department determines is fair and reasonable,
				  negotiations with that firm shall be terminated and negotiations undertaken with the
				  third best qualified firm. If unable to negotiate a satisfactory contract with the
				  third best qualified firm at a compensation which the Department determines is fair
				  and reasonable, negotiations with that firm shall be terminated.
(c) Where the Director or designee is unable to
				  negotiate a satisfactory contract in accordance with subsections (a) and (b), the
				  Director or designee shall continue the negotiations process with the remaining
				  qualified firms, if any, in order of preference, until a satisfactory contract is
				  reached. If unable to negotiate a satisfactory contract with any of the qualified
				  firms, the Director or designee shall abandon the negotiation process for the
				  required services.
Note: Authority cited: Section
						4526,
						Government Code; and Sections
						4005.1,
						4011,
						4027
						and
						4101,
						Welfare and Institutions Code. Reference: Sections
						4526.5,
						4527 and
						4528,
						Government Code.
Note: Authority cited: Sections
						4005.1
						and
						4101,
						Welfare and Institutions Code. Reference: Section
						4526,
						Government Code; Sections
						10115,
						10115.1,
						10115.2,
						10115.3
						and
						10115.9,
						Public Contract Code; and Sections
						999,
						999.1,
						999.2,
						999.3,
						999.4
						and
						999.5,
						Military and Veterans Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 16 - State Hospital Operations › Article 5 - Contracts › Section 4530.7 - Negotiation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) From among
				  the firms selected in Section
				  4530.4, as most highly qualified to
				  perform the services required, the Director shall attempt to negotiate a
				  satisfactory contract with the best qualified firm at a compensation which the
				  Department determines is fair and reasonable.
(b) If the Director is unable to negotiate a
				  satisfactory contract with the best qualified firm at a compensation which the
				  Department determines is fair and reasonable, negotiations with that firm shall be
				  terminated and negotiations undertaken with the second best qualified firm. If
				  unable to negotiate a satisfactory contract with the second best qualified firm at a
				  compensation which the Department determines is fair and reasonable, negotiations
				  with that firm shall be terminated and negotiations undertaken with the third best
				  qualified firm. If unable to negotiate a satisfactory contract with the third best
				  qualified firm at a compensation which the Department determines is fair and
				  reasonable, negotiations with that firm shall be terminated.
(c) Where the Director is unable to negotiate a
				  satisfactory contract in accordance with subsections (a) and (b), the Director shall
				  continue the negotiations process with the remaining qualified firms, if any, in
				  order of preference, until a satisfactory contract is reached. If unable to
				  negotiate a satisfactory contract with any of the qualified firms, the Director
				  shall abandon the negotiation process for the required services.
1. New section
					 filed 6-1-2015; operative 6-1-2015 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2015, No. 23).
Note: Authority cited: Sections
						4005.1
						and
						4101,
						Welfare and Institutions Code. Reference: Sections
						4526,
						4526.5,
						4527 and
						4528,
						Government Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 16 - State Hospital Operations › Article 5 - Contracts › Section 4530.7 - Retainer Contracts

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Pursuant to the Department's authority as set forth in Article
					 XXII of the California Constitution, the Director or designee may identify the
					 general need for A&E services to assist in its overall mission and may enter
					 into contracts for such services through a retainer contract, also commonly known as
					 an "on-call" contract. Retainer, or on-call, contract services are based on scope of
					 work and assigned by task order. Retainer contracts will provide a process for the
					 development and execution of task orders for as-needed A&E work. Rates for such
					 work shall be specified in a rate schedule to be attached to the original contract
					 provided that rates may be modified, and categories of work added by mutual
					 agreement of the parties.
Note: Authority cited: Section
						4526,
						Government Code; and Sections
						4005.1,
						4011,
						4027
						and
						4101,
						Welfare and Institutions Code. Reference: Article XXII, California State
						Constitution; and Section
						4526,
						Government Code.
Note: Authority cited: Sections
						4005.1
						and
						4101,
						Welfare and Institutions Code. Reference: Sections
						4526,
						4526.5,
						4527 and
						4528,
						Government Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 16 - State Hospital Operations › Article 5 - Contracts › Section 4530.8 - Amendments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Where the Director determines that a change in the contract is
					 necessary during the performance of the services, the parties may, by mutual
					 consent, in writing, agree to modifications, additions or deletions in the general
					 terms, conditions and specifications for the services involved, with a reasonable
					 adjustment in the firm's compensation.
1. New section
					 filed 6-1-2015; operative 6-1-2015 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2015, No. 23).
Note: Authority cited: Sections
						4005.1
						and
						4101,
						Welfare and Institutions Code. Reference: Sections
						10250 and
						10251,
						Public Contract Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 16 - State Hospital Operations › Article 5 - Contracts › Section 4530.8 - Task Orders

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Where the Director or designee determines that a change in the
					 contract is necessary during the performance of the services, the parties may, by
					 mutual consent, in writing, agree to modifications, additions or deletions in the
					 general terms, conditions, and specifications for the services involved, with a
					 reasonable adjustment in the firm's compensation.
Note: Authority cited: Section 4526, Government Code; and
						Sections 4005.1, 4011, 4027 and 4101, Welfare and Institutions Code. Reference:
						Sections 10250 and 10251, Public Contract Code.
Note: Authority cited: Sections
						4005.1
						and
						4101,
						Welfare and Institutions Code. Reference: Sections
						10250 and
						10251,
						Public Contract Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 16 - State Hospital Operations › Article 5 - Contracts › Section 4530.9 - Contracting in Phases

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Where the Director determines it is necessary or desirable for a
					 project to be performed in separate phases, the Director may negotiate a partial
					 compensation for the initial phase of the services required; provided, however, the
					 Director first determines that the firm selected is best qualified to perform the
					 entire project. The contract shall include a provision that the Department may, at
					 its option, utilize the firm to perform other phases of the services at a
					 compensation which the Department determines is fair and reasonable, to be later
					 negotiated and included in a mutual written agreement. In the event that the
					 Department exercises its option under the contract to utilize the firm to perform
					 other phases of the project, the procedures of this Chapter, regarding estimates of
					 value of services and negotiation shall be followed.
1. New section
					 filed 6-1-2015; operative 6-1-2015 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2015, No. 23).
Note: Authority cited: Sections
						4005.1
						and
						4101,
						Welfare and Institutions Code. Reference: Sections
						10124 and
						10261,
						Public Contract Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 16 - State Hospital Operations › Article 5 - Contracts › Section 4530.9 - Contracting in Phases

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Where the Director or designee determines it is necessary or
					 desirable for a project to be performed in separate phases, the Director or designee
					 may negotiate a partial compensation for the initial phase of the services required;
					 provided, however, the Director or designee first determines that the firm selected
					 is best qualified to perform the entire project. The contract shall include a
					 provision that the Department may, at its option, utilize the firm to perform other
					 phases of the services at a compensation which the Department determines is fair and
					 reasonable, to be later negotiated and included in a mutual written agreement. In
					 the event that the Department exercises its option under the contract to utilize the
					 firm to perform other phases of the project, the procedures of this Chapter,
					 regarding estimates of value of services and negotiation shall be followed.
Note: Authority cited: Section 4526, Government Code; and
						Sections 4005.1, 4011, 4027 and 4101, Welfare and Institutions Code. Reference:
						Sections 10124, 10261 and 10346, Public Contract Code.
Note: Authority cited: Sections
						4005.1
						and
						4101,
						Welfare and Institutions Code. Reference: Sections
						10124 and
						10261,
						Public Contract Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 16 - State Hospital Operations › Article 5 - Contracts › Section 4530.10 - Director's Power to Require Bids

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If the Director determines that the services are technical in
					 nature and involve little professional judgment and that requiring bids would be in
					 the public interest, a contract shall be awarded on the basis of competitive bids
					 and not the procedures of this Article.
1. New section
					 filed 6-1-2015; operative 6-1-2015 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2015, No. 23).
Note: Authority cited: Sections
						4005.1
						and
						4101,
						Welfare and Institutions Code. Reference: Section
						4529,
						Government Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 16 - State Hospital Operations › Article 5 - Contracts › Section 4530.10 - Audits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Director or designee may require financial and performance
					 audits, as necessary to ensure contracted services are delivered within the agreed
					 schedule and budget.
Note: Authority cited: Sections 4005.1, 4101, 4011 and 4027,
						Welfare and Institutions Code; and Section 4526, Government Code. Reference: Article
						XXII, California State Constitution; and Section 4529.14, Government Code.
Note: Authority cited: Sections
						4005.1
						and
						4101,
						Welfare and Institutions Code. Reference: Section
						4529,
						Government Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 16 - State Hospital Operations › Article 5 - Contracts › Section 4530.11 - Unlawful Considerations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each contract shall include a provision by which the firm
					 warrants that the contract was not obtained or secured through rebates, kickbacks or
					 other unlawful considerations either promised or paid to any Department employee.
					 Failure to adhere to this warranty may be cause for contract termination and
					 recovery of damages under the rights and remedies due the Department under the
					 default provision of the contract.
1. New section
					 filed 6-1-2015; operative 6-1-2015 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2015, No. 23).
Note: Authority cited: Sections
						4005.1
						and
						4101,
						Welfare and Institutions Code. Reference: Sections
						4526 and
						4527,
						Government Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 16 - State Hospital Operations › Article 5 - Contracts › Section 4530.11 - Prohibited Practice and Conflicts of Interest

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each
				  contract shall include a provision by which the firm warrants that the contract was
				  not obtained or secured through rebates, kickbacks or other unlawful considerations
				  either promised or paid to any Department employee. Failure to adhere to this
				  warranty may be cause for contract termination and recovery of damages under the
				  rights and remedies due the Department under the default provision of the
				  contract.
(b) No Department employee who
				  participates in the evaluation or selection process leading to award of a contract
				  shall have a relationship with any of the firms seeking that contract if that
				  relationship is subject to the prohibition of Government Code section
				  87100.
Note: Authority cited: Sections 4005.1, 4011, 4027 and 4101,
						Welfare and Institutions Code. Reference: Sections 4526, 4527, 87100 and 87100.1,
						Government Code.
Note: Authority cited: Sections
						4005.1
						and
						4101,
						Welfare and Institutions Code. Reference: Sections
						4526 and
						4527,
						Government Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 16 - State Hospital Operations › Article 5 - Contracts › Section 4530.12 - Prohibited Relationships

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
No Department employee who participates in the evaluation or
					 selection process leading to award of a contract shall have a relationship with any
					 of the firms seeking that contract, if that relationship is subject to the
					 prohibition of Government Code Section
					 87100.
1. New section
					 filed 6-1-2015; operative 6-1-2015 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2015, No. 23).
Note: Authority cited: Sections
						4005.1
						and
						4101,
						Welfare and Institutions Code. Reference: Sections
						4526,
						87100,
						87100.1 and
						87102,
						Government Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 16 - State Hospital Operations › Article 5 - Contracts › Section 4530.12 - Emergencies

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Where the Director or designee determines that an emergency
					 exists, the Director or designee may negotiate a contract for such services,
					 including task orders, without the necessity of issuing a Request for Qualifications
					 or following the selection provisions set forth in this Article. For purposes of
					 this section, "emergency" is defined as a sudden, unexpected occurrence that poses a
					 clear and imminent danger, requiring immediate action to prevent or mitigate the
					 loss or impairment of life, health, property, or essential public services.
Note: Authority cited: Section 4526, Government Code; and
						Sections 4005.1, 4011, 4027 and 4101, Welfare and Institutions Code. Reference:
						Article XXII, California State Constitution; Sections 4525-4529.5 and 14120,
						Government Code; Section 1102, Public Contract Code; Sections 92 and 94, Streets and
						Highways Code; Los Angeles Dredging Co. v. City of Long Beach (1930) 210 Cal. 348,
						354-355; and Grayden v. Pasadena Redevelopment Agency (1980) 104 Cal App. 3d 631,
						635-637.
Note: Authority cited: Sections
						4005.1
						and
						4101,
						Welfare and Institutions Code. Reference: Sections
						4526,
						87100,
						87100.1 and
						87102,
						Government Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 16 - State Hospital Operations › Article 6 - End of Life Option Act › Section 4600 - End of Life Option Act Participation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All
				  terminally ill patients in the custody and care of the Department of State Hospitals
				  shall receive appropriate and necessary medical care for their situation, including
				  counseling, hospice, and palliative care, as appropriate and desired.
(b) The Department of State Hospitals will not
				  permit employees, independent contractors, or other persons, except as provided in
				  section 4601 subdivision (c)(1), to participate
				  in activities under the End of Life Option Act, Health and Safety Code section
				  443 et.
				  seq., while on premises owned or under the management or direct control of the
				  Department of State Hospitals, or while acting within the course and scope of any
				  employment by, or contract with, the Department of State Hospitals.
(c) Patients committed to the Department of State
				  Hospitals under Penal Code section
				  2684 are not
				  considered to be in the custody of the Department of State Hospitals, for the
				  purposes of Article 6, End of Life Option Act. The Department of State Hospitals
				  will provide the appropriate and necessary medical care for those committed pursuant
				  to Penal Code section
				  2684. Patients
				  committed to the Department of State Hospitals under Penal Code section
				  2684 shall not be
				  provided the option of the aid-in-dying drug, pursuant to title 15, California Code
				  of Regulations, section
				  3359.8.
1. New article 6
					 (sections 4600-4602) and section filed 6-27-2016
					 as an emergency; operative 6-27-2016 (Register 2016, No. 27). A Certificate of
					 Compliance must be transmitted to OAL by 12-27-2016 or emergency language will be
					 repealed by operation of law on the following day.
2. Repealer of article
					 6 (sections 4600-4602) and repealer of section by
					 operation of Government Code section
					 11346.1(g)
					 (Register 2017, No. 6).
3. New article 6 (sections
					 4600-4602) and section filed 2-13-2017;
					 operative 4-1-2017 (Register 2017, No. 7).
Note: Authority cited: Sections
						4005.1,
						4207
						and
						4101,
						Welfare and Institutions Code. Reference: Sections
						443 and
						443.15,
						Health and Safety Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 16 - State Hospital Operations › Article 6 - End of Life Option Act › Section 4601 - Petitions to the Superior Court and Access to the End of Life Option Act

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  terminally ill patient, as defined by the End of Life Option Act, may petition the
				  superior court of the county of commitment for access to participate in activities
				  under the End of Life Option Act by requesting release from the custody and care of
				  the Department of State Hospitals from the court. If the superior court orders
				  release from the custody of the Department of State Hospitals, the Department of
				  State Hospitals shall release the patient to the ordered entity or person.
(b) If the superior court does not release a
				  patient, the terminally ill patient may petition the court to determine if the
				  patient is a qualified individual, as defined by the End of Life Option Act, to
				  participate in the activities under the End of Life Option Act.
(1) The court shall use the criteria in Health and
				  Safety Code sections
				  443.1
				  subdivision (o) and
				  443.2
				  subdivisions (a) and (b) in determining whether the patient is a qualified
				  individual.
(A) If the court determines that a
				  patient meets the criteria under Health and Safety Code section
				  443.2
				  subdivision (a), with the exception of Health and Safety Code section
				  443.2 subdivision (a)(4), the court may
				  order the Department of State Hospitals to proceed pursuant subdivision
				  (c).
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 16 - State Hospital Operations › Article 6 - End of Life Option Act › Section 4602 - Record Keeping for the End of Life Option Act

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Department of State Hospitals will request a copy of all forms required by Health
				  and Safety Code section
				  443 et
				  seq., from the contracted entity, to put into the patient's medical file.
(b) The superior court order directing the
				  Department of State Hospitals to facilitate the patient's participation in
				  activities under the End of Life Option Act will be kept in the patient's medical
				  file.
(1) If access to participation in activities
				  under the End of Life Option Act is provided pursuant to section
				  4601, subdivision (c)(1), a copy of all
				  forms required by Health and Safety Code section
				  443 et
				  seq. shall be placed in the patient's medical file.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 16 - State Hospital Operations › Article 7 - Admissions › Section 4700 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) "Low or
				  moderate security risk" means that the individual, based on the assessment by the
				  Department of State Hospitals of the factors described in Section
				  4714, is not highly likely to compromise
				  the security of the particular state hospital under consideration for the
				  individual's placement.
(b) "High
				  security risk" means that the individual, based on the assessment by the Department
				  of State Hospitals of the factors described in Section
				  4714, is likely or highly likely to
				  compromise the security of the particular state hospital under consideration for the
				  individual's placement.
(c) "Psychiatric
				  acuity" means that an individual's mental illness is causing complications which put
				  the individual at risk of death or serious injury while awaiting admission. An
				  individual's aggressive behavior alone shall not be sufficient to support a finding
				  of psychiatric acuity.
1. New article 7
					 (sections 4700-4717) and section filed 11-22-2017;
					 operative 11-22-2017 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2017, No. 47). For prior history, see Register 2017, No. 42.
Note: Authority cited: Sections
						4005.1
						and
						4027,
						Welfare and Institutions Code. Reference: Sections
						1370 and
						1370.01, Penal Code;
						and Sections
						7228
						and
						7230,
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 16 - State Hospital Operations › Article 7 - Admissions › Section 4710 - Date of Admission of Individuals Found Incompetent to Stand Trial

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In
				  scheduling the admission of individuals judicially committed to the Department of
				  State Hospitals as Incompetent to Stand Trial, the Department shall admit each
				  individual to a state hospital according to the date the court committed the
				  individual to the Department. Actual date of admission may change upon consideration
				  of any of the following factors:
(1) Bed
				  availability at the facility under consideration for the individual's
				  placement;
(2) Whether the individual
				  exhibits psychiatric acuity which may indicate the need for admission to a facility,
				  notwithstanding the date the court committed the individual to the
				  Department;
(3) Whether the facility
				  under consideration for the individual's placement can presently clinically
				  accommodate the medical needs of the individual; or
(4) The ability of the committing county to
				  reasonably timely transport the individual to the facility under consideration for
				  the individual's placement.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 16 - State Hospital Operations › Article 7 - Admissions › Section 4711 - Required Documentation for Admission of Individuals Found Incompetent to Stand Trial

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A county
				  judicially committing an individual to the Department of State Hospitals as
				  Incompetent to Stand Trial shall submit a commitment packet to the Department for
				  review and approval prior to the admission of the individual.
(b) The commitment packet shall include the
				  following items:
(1) The commitment order,
				  including a specification of the charges.
(2) A computation or statement setting forth the
				  maximum term of commitment.
(3) A
				  computation or statement setting forth the amount of credit for time served, if any,
				  to be deducted from the maximum term of commitment.
(4) The State's summary of the individual's
				  criminal history.
(5) Any arrest report
				  from police departments or other law enforcement agencies.
(6) Any court-ordered psychiatric examination or
				  evaluation reports.
(7) The placement
				  recommendation report prepared by the community program director of the forensic
				  conditional release program.
(8) Records
				  of any finding of mental incompetence pursuant to this chapter arising out of a
				  complaint charging a felony offense specified in Penal Code section
				  290 or any pending
				  Penal Code section
				  1368 proceeding
				  arising out of a charge of a Penal Code section
				  290
				  offense.
(9) Any medical records as
				  described in section
				  4712.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 16 - State Hospital Operations › Article 7 - Admissions › Section 4712 - Required Medical Records for Admission of Individuals Found Incompetent to Stand Trial

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A county
				  judicially committing an individual to the Department of State Hospitals as
				  Incompetent to Stand Trial shall provide the following medical documentation of the
				  individual, if applicable, with the individual's commitment packet:
(1) All progress notes that pertain to behavioral
				  incidents;
(2) Current medication and
				  dosage;
(3) Compliance with current or
				  previous medication;
(4) Laboratory
				  results and consultations;
(5)
				  Psychiatric evaluation from the most recent admission;
(6) Records or incidences of self-injurious
				  behavior, suicide watch, or use of safety cell;
(7) Any notes on recent physical exams or medical
				  history;
(8) Any advance health care
				  directive;
(9) Any consent forms for
				  treatment; and
(10) Any other
				  court-ordered medical treatment.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 16 - State Hospital Operations › Article 7 - Admissions › Section 4713 - Appropriate Placement of Individuals Found Incompetent to Stand Trial According to Medical Records Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Department of State Hospitals shall evaluate the medical records provided in the
				  commitment packet to determine the appropriate facility for admission according to
				  the medical needs of the individual.
(b)
				  A triage nurse in the admissions unit of the state hospital under consideration for
				  the individual's placement shall review the medical records provided in the
				  commitment packet.
(c) Upon review, the
				  triage nurse in the admissions unit of the state hospital under consideration for
				  the individual's placement shall consult with the chief physician and surgeon or
				  designee in that admissions unit to determine whether the particular state hospital
				  is able to provide the necessary care or services to the individual.
(d) The chief physician and surgeon or designee in
				  the admissions unit of the state hospital under consideration for the individual's
				  placement shall determine whether the particular state hospital is able to provide
				  the necessary care or services to the individual.
(e) If the chief physician and surgeon or designee
				  in the admissions unit of the state hospital under consideration for the
				  individual's placement determines that the particular state hospital is unable to
				  provide the necessary care or services to the individual, the Department's Director
				  or designee shall determine the appropriate facility for the individual's
				  placement.
1. New section
					 filed 11-22-2017; operative 11-22-2017 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2017, No. 47). For prior history, see Register 2017, No. 42.
Note: Authority cited: Sections
						4005.1
						and
						4027,
						Welfare and Institutions Code. Reference: Sections
						1370 and
						1370.01, Penal Code;
						and Sections
						7228
						and
						7230,
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 16 - State Hospital Operations › Article 7 - Admissions › Section 4714 - Security Risk Assessment of Individuals Found Incompetent to Stand Trial

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) To
				  determine the appropriate facility for admission, the Department of State Hospitals
				  shall assess the security risk of each individual judicially committed to the
				  Department as Incompetent to Stand Trial.
(b) To determine the security risk of an
				  individual, the Department shall consider the following:
(1) The individual's risk of escape, based on the
				  individual's history of escape or attempted escape from any locked
				  facility;
(2) Any new or additional
				  information about the individual, including but not limited to a change in
				  commitment status, divorce by spouse, death of a family member of the individual, or
				  birth of the individual's child, received by the Department within 30 days prior to
				  completion of the security risk assessment;
(3) The individual's age;
(4) Any diagnosis of the individual, based on the
				  Diagnostic and Statistical Manual of Mental Disorders, 5th edition (2013), hereby
				  incorporated by reference, of an antisocial, borderline, or narcissistic personality
				  disorder;
(5) The number of the
				  individual's prior felony convictions;
(6) The individual's pending criminal charges and
				  the maximum exposure the individual is facing for each pending charge, at the time
				  of assessment; and
(7) The individual's
				  current medical condition.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 16 - State Hospital Operations › Article 7 - Admissions › Section 4715 - Appropriate Placement of Individuals Found Incompetent to Stand Trial According to Security Risk Assessment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
				  individual judicially committed to the Department of State Hospitals as Incompetent
				  to Stand Trial, who the Department has determined to be a low or moderate security
				  risk pursuant to section
				  4714, shall be appropriate for admission
				  to the following state hospitals: Department of State Hospitals--Atascadero,
				  Department of State Hospitals--Patton, Department of State Hospitals--Napa, or
				  Department of State Hospitals --Metropolitan.
(b) An individual judicially committed to the
				  Department of State Hospitals as Incompetent to Stand Trial, who the Department has
				  determined to be a high security risk pursuant to section
				  4714, shall be appropriate for admission
				  only to Department of State Hospitals--Atascadero or Department of State
				  Hospitals--Patton.
1. New section
					 filed 11-22-2017; operative 11-22-2017 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2017, No. 47). For prior history, see Register 2017, No. 42.
Note: Authority cited: Sections
						4005.1,
						4027
						and
						7225,
						Welfare and Institutions Code. Reference: Sections
						7228
						and
						7230,
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 16 - State Hospital Operations › Article 7 - Admissions › Section 4716 - Placement of Individuals Found Incompetent to Stand Trial upon Completion of Commitment Packet

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Except as
				  provided for in subdivision (b), the Department of State Hospitals shall admit an
				  individual judicially committed to the Department as Incompetent to Stand Trial only
				  when a completed commitment packet as specified in section
				  4711 has been received, reviewed, and
				  approved by the Department.
(b) In cases
				  wherein the Department, upon review, discovers that a commitment packet is
				  incomplete, it shall advise the committing county of any missing documentation
				  within 14 calendar days of such discovery.
(c) The Department at its sole discretion may
				  admit an individual whose commitment packet is incomplete only if the Department
				  determines pursuant to section
				  4717 that the individual exhibits
				  psychiatric acuity which may indicate the need for admission to a state hospital
				  notwithstanding the date the court committed the individual to the
				  Department.
(d) Upon review of the
				  commitment packet, the Medical Director or designee of each state hospital under
				  consideration for the individual's placement has the final authority to determine
				  whether the individual shall be placed at that particular state hospital. If the
				  Medical Director or designee determines that the individual is not appropriate for
				  placement at that particular state hospital, the Department's Director or designee
				  shall determine the appropriate facility for the individual's placement.
(e) The medical director of the Department of
				  State Hospitals, or designee, will make a decision on whether to expedite admission
				  of an individual due to his or her psychiatric acuity within 72 hours of contact by
				  the committing county's clinician and when the department receives sufficient
				  documentation.
1. New section
					 filed 11-22-2017; operative 11-22-2017 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2017, No. 47). For prior history, see Register 2017, No. 42.
Note: Authority cited: Sections
						4005.1
						and
						4027,
						Welfare and Institutions Code. Reference: Sections
						1370 and
						1370.01, Penal Code;
						and Section
						7228,
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 16 - State Hospital Operations › Article 7 - Admissions › Section 4717 - Psychiatric Acuity Review of Individuals Found Incompetent to Stand Trial

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
				  individual shall be admitted to a state hospital notwithstanding the date the court
				  committed the individual to the Department if the Department determines that the
				  individual is psychiatrically acute.
(b)
				  The Department's medical director or designee has the final authority to determine
				  whether the individual exhibits psychiatric acuity which may indicate the need for
				  admission to a state hospital notwithstanding the date the court committed the
				  individual to the Department.
(c) To
				  request a psychiatric acuity review of an individual, the committing county's
				  clinician who is responsible for the individual's clinical assessment or its
				  designee shall contact the Department's medical director or designee about the
				  individual's psychiatric acuity and the psychiatric acuity needs of the
				  individual.
(d) The committing county or
				  its clinician or designee shall provide the Department's medical director or
				  designee medical information and documentation supporting psychiatric acuity. Such
				  documentation may include but is not limited to:
(1) Any notes on use of safety cell;
(2) Current medication and dosage or lack of
				  medication;
(3) Medical laboratory
				  results; or
(4) Any additional treatment
				  records from local health care providers.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 16 - State Hospital Operations › Article 7.5 - Guidelines on Court Appointment of Forensic Evaluators › Section 4750 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) "Evaluator"
				  means a psychiatrist or licensed psychologist appointed by a court to provide
				  Forensic Evaluations as defined in this section.
(b) "Forensic Evaluation" means the assessment of
				  a defendant, ordered by a court, in which the Evaluator opines on a defendant's
				  competency to stand trial pursuant to Penal Code sections
				  1369 et
				  seq.
(c) "Incompetent to stand trial"
				  means that as a result of mental disorder or a developmental disability the
				  defendant is unable to understand the nature of the criminal proceedings against him
				  or her or to assist counsel in the conduct of a defense in a rational
				  manner.
(d) "Licensed psychologist"
				  means a person licensed as a psychologist by the California Board of
				  Psychology.
(e) "Psychiatrist" means an
				  allopathic physician licensed by the Medical Board of California who has completed a
				  Board-approved residency-training program in psychiatry or an osteopathic physician
				  licensed by the Osteopathic Medical Board of California who has completed a
				  Board-approved residency-training program in psychiatry.
1. New article
					 7.5 (sections 4750-4751) and section filed 1-14-2020;
					 operative 4-1-2020 (Register 2020, No. 3).
Note: Authority cited: Section
						1369, Penal Code.
						Reference: Section
						1369, Penal
						Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 16 - State Hospital Operations › Article 7.5 - Guidelines on Court Appointment of Forensic Evaluators › Section 4751 - Forensic Evaluator Training Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The court
				  shall appoint a psychiatrist or licensed psychologist to evaluate whether a criminal
				  defendant is incompetent to stand trial. This evaluation shall include: the nature
				  of a defendant's mental disorder; a defendant's ability or inability to understand
				  the nature of the criminal proceedings or to assist counsel in a rational manner in
				  the conduct of a defense; and, if within the scope of his or her license, whether
				  treatment with antipsychotic medication is medically appropriate and likely to
				  restore the defendant to mental competence. In considering an appointment, the court
				  shall appoint an expert who meets the provisions in subsection (1), (2),
or
(3) of this section
and
who meets the provisions in
				  subsections (4), if applicable, and (5) of this section, or an expert with
				  equivalent experience and skills.
(1) If a
				  psychiatrist, the psychiatrist shall have a State of California medical license in
				  current status, without any restrictions prohibiting practice, and one of the
				  following:
(A) board certification by the American
				  Board of Psychiatry and Neurology with added or special qualifications in forensic
				  psychiatry;
(B) eligibility for board
				  certification by the American Board of Psychiatry and Neurology with added or
				  special qualifications in forensic psychiatry;
or
(C) completion of a fellowship in forensic
				  psychiatry.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 17 - Enhanced Treatment Program › Article 2 - Admissions › Section 4900 - Referral Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A Standard
				  Treatment Environment psychiatrist or psychologist may refer a patient to the
				  Enhanced Treatment Program when all the following conditions are met:
(1) A Standard Treatment Environment Treatment
				  Team has determined that a patient may be at high risk for Most Dangerous Behavior
				  in a Standard Treatment Environment.
(2)
				  A Standard Treatment Environment Treatment Team has attempted, without success, to
				  provide Individualized Treatment Interventions or a Standard Treatment Environment
				  Treatment Team has determined that a patient's high risk for Most Dangerous Behavior
				  precludes safely providing Individualized Treatment Interventions in a Standard
				  Treatment Environment.
(3) There is no
				  existing contract or memorandum of understanding that provides alternative and
				  clinically appropriate treatment outside of the Department.
(4) A Standard Treatment Environment Treatment
				  Team has concluded that a patient has no medical issues that would contraindicate
				  treatment in the ETP.
(5) A Standard
				  Treatment Environment Treatment Team has completed the ETP Referral Form, DSH-9220
				  (Rev. 9/17), hereby incorporated by reference.
(6) A Standard Treatment Environment Treatment
				  Team or designee has forwarded the completed ETP Referral Form to the FNAT
				  supervising psychologist.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 17 - Enhanced Treatment Program › Article 2 - Admissions › Section 4901 - Initial Evaluation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Once the
				  FNAT supervising psychologist or designee approves a patient referral pursuant to
				  Section 4900, they shall assign that referred
				  patient to an FNAT psychologist. The assigned FNAT psychologist shall conduct an
				  initial evaluation to verify a referred patient's need for treatment in the ETP. The
				  initial evaluation shall follow Welfare and Institutions Code section
				  4144,
				  subdivision (b), and shall include, but not be limited to, the following:
(1) An interview of a referred patient's Standard
				  Treatment Environment Treatment Team.
(2) A review of a referred patient's medical
				  record.
(3) A review of a referred
				  patient's history of violence.
(4) A
				  review of a referred patient's violence risk level.
(5) A review of a referred patient's need for
				  treatment in the ETP.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 17 - Enhanced Treatment Program › Article 2 - Admissions › Section 4903 - Admission Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A patient
				  shall be accepted for ETP treatment if the FNAP determines all of the following:
(1) A referred patient is determined to be a
				  Patient at High Risk of Most Dangerous Behavior.
(2) Individualized Treatment Interventions
				  provided to a referred patient have not been successful or that a patient's high
				  risk for Most Dangerous Behavior precludes safely providing Individualized Treatment
				  Interventions in a Standard Treatment Environment.
(3) A referred patient has no medical issues that
				  would preclude safe treatment in the ETP.
(4) A referred patient is appropriate for ETP
				  treatment, in consideration of the number of ETP referrals across Department
				  facilities and the number of available ETP beds.