California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 2 - Rules and Regulations of Health Care Services › Subchapter 3 - Health Care Operations › Article 5 - Mental Health Care › Section 3999.330 - Availability of Services and Treatment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 Department will provide a broad range of mental health services to patients and
					 parolees by assessing the needs of its population and developing specialized
					 programs of mental health care, to the extent resources are available for this
					 purpose. Necessary and appropriate mental health services will be provided to
					 patients and parolees, and adequate staff and facilities will be maintained for the
					 delivery of such services.
(b) When a
					 patient is found to require mental health care not available within these resources,
					 but which is available in the Department of State Hospitals, the case will be
					 referred to the Secretary for consideration of temporary transfer to that department
					 pursuant to Penal Code section
					 2684.
(c) Recognizing that many parolees have unique
					 treatment needs not readily met by community mental health programs, and that the
					 promptness and appropriateness of those needs affect public safety, the Department
					 provides outpatient clinics for parolees. These clinics are conducted in widely
					 distributed locations throughout the state at times and places such that they are
					 available to parolees, and that they shall maintain close working relationships with
					 parole supervisors, paroling authorities, and the community in which the parolee
					 resides.
(d) All required mental health
					 treatment or diagnostic services shall be provided under the supervision of a
					 Psychiatrist licensed to practice in this state, or a Psychologist licensed to
					 practice in this state and who holds a doctoral degree and has at least two years of
					 experience in the diagnosis and treatment of emotional and mental disorders.
					 Facilities for mental health treatment and diagnostic services shall be under the
					 direction of such a Psychiatrist or Psychologist. A Psychiatrist shall be available
					 to assume responsibility for all acts of diagnosis or treatment that may only be
					 performed by a licensed physician and surgeon.
(e) Recognizing that mental health care often
					 involves revealing deeply personal and private matters, all mental health care shall
					 be provided in such a manner as to maintain the dignity of the patient. Professional
					 relationships shall be conducted with proper privacy, with due regard to the
					 professional to take necessary and appropriate action to prevent harm to the patient
					 or to others. Records of mental health diagnosis, evaluation, and treatment prepared
					 or maintained by the Department shall remain the property of the Department and are
					 subject to all applicable laws governing their confidentiality and disclosure.
					 Treatment will be in accord with sound principles of practice and will not serve a
					 punitive purpose.
(f) All persons
					 committed to the Department shall be informed that mental health services are
					 available to them. They shall be informed that, upon their request, an evaluative
					 interview will be provided within a reasonable period of time by a licensed
					 practitioner, or a specially trained counselor supervised by a licensed
					 practitioner. Upon request, they will be provided with information as to what
					 specialized treatment programs may be available in the Department and how such
					 treatment may be obtained.
1. Change
						without regulatory effect adopting new article 5 (sections
						3999.330-3999.350) and renumbering and
						amending section
						3360, portions of section
						3361 and section
						3362 to new section
						3999.330 filed 4-15-2019 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2019, No. 16).
Note: Authority cited: Section
						  5058, Penal Code.
						  Reference: Sections
						  2684,
						  5054 and
						  5079, Penal
						  Code.
The amended version of this section by
						Register
						2024, No. 28, effective 7/1/2024 is not yet
						available.