California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 4.5 - Patients' Rights and Related Procedures for Non-Lanterman-Petris-Short Act Patients in Department of Mental Health Facilities › Article 1 - General Provisions › Section 881 - Definitions, Abbreviations and Program Terms

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) "Abuse"
				  means physical abuse, neglect, financial abuse, abandonment, isolation, abduction,
				  or other treatment with resulting physical harm or pain or mental suffering. The
				  deprivation by a care custodian of goods or services that are necessary to avoid
				  physical harm or mental suffering.
(b)
				  "Administrative isolation" means the temporary separation of a patient from other
				  patients and the normal living environment for the purpose of protecting possible
				  evidence or maintaining safety and security during a criminal
				  investigation.
(c) "Confidential mail"
				  means letters or documents sent to or received from attorneys, courts or government
				  officials through the mail.
(d)
				  "Confidential telephone calls" means telephone calls that are not monitored or
				  recorded by hospital staff.
(e)
				  "Contraband" means materials, articles, or goods that patients are prohibited from
				  having in their possession because such materials, articles or goods present a risk
				  to safety and security in the facility.
(f) "Department" means the State Department of
				  Mental Health.
(g) "Facility" means a
				  state hospital or other locked inpatient facility operated by the Department, either
				  directly or by contract, for the care and treatment of non-LPS patients.
(h) "Facility director" means the Executive
				  Director or designee in overall charge of the facility.
(i) "Facility monetary replacement system" means
				  the alternate methods used to allow patients to purchase personal items within the
				  facility without using United States currency.
(j) "Interdisciplinary team" means the group of
				  persons from each of the disciplines or service areas that works directly with the
				  patient.
(k) "Medical care" means
				  procedures determined to be medically necessary, and that are not merely cosmetic in
				  nature.
(l) "Medical isolation" means
				  the confinement of a patient alone in a room for the purpose of preventing the
				  spread of infectious or contagious diseases that may be a public health
				  concern.
(m) "Mental disorder" or
				  "mental health disorder" means a diagnosed mental health disorder as listed in the
				  American Psychiatric Association: Diagnostic and Statistical Manual of Mental
				  Disorders, Fifth Edition, DSM 5, 2013.
(n) "Neglect" means the negligent failure of any
				  person having the care or custody of an elder or a dependent adult to exercise that
				  degree of care that a reasonable person in a like position would exercise.
(o) "Non-LPS" means that the placement in or
				  commitment to the facility is pursuant to legal authority other than the
				  Lanterman-Petris-Short (LPS) Act, commencing with Section
				  5000, of Part 1, Division 5 of the
				  Welfare and Institutions Code).
(p)
				  "Office of Patients' Rights" means the contractor designated in accordance with
				  Section
				  5510
				  of the Welfare and Institutions Code. The contractor is delegated the responsibility
				  for providing direct advocacy and investigative services in the state hospitals and
				  technical assistance, training and advice regarding patients' rights to advocates,
				  mental health programs and/or patients.
(q) "Package" means a wrapped or boxed object, a
				  parcel, or a container in which something is packed for storage, mailing, or
				  transporting.
(r) "Patient" means a
				  person placed in or committed to a facility under authority of law for care and
				  treatment.
(s) "Patients' Rights
				  Advocate" means the person in the facility delegated the responsibility for
				  reviewing and attempting to resolve patients' rights complaints and for ensuring
				  that patients' rights of mentally disordered persons in the facility are observed
				  and protected. This individual shall have no direct or indirect clinical or
				  administrative responsibility for the person receiving mental health
				  services.
(t) "Physical restraint" means
				  the direct application of physical force and/or approved restraining devices and
				  methods to an individual, to restrict and/or limit freedom of movement.
(u) "Privacy" means being free from observation by
				  individuals of the opposite sex during medical examinations, personal care, bathing
				  and restroom use, except during emergencies and necessary supervision by
				  staff.
(v) "Protective isolation" means
				  the separation of a patient from other patients and the normal living environment to
				  protect that individual from harm by others.
(w) "Safety" means protection of persons and
				  property from potential danger, risk, injury, harm or damage.
(x) "Security" means the measures necessary to
				  achieve the management and accountability of patients of the facility, staff, and
				  visitors, as well as property of the facility.
(y) "Seclusion" means the involuntary confinement
				  of a person in a locked room or any area where the person is physically prevented
				  from leaving.
(z) "Treatment" means
				  clinical intervention and action that is devised and implemented based on
				  comprehensive assessment of the patient by the interdisciplinary team and that is
				  designed to improve or stabilize a diagnosed mental and/or physical
				  condition.
(aa) "Treatment Plan" means
				  the method developed by the interdisciplinary team to implement treatment for the
				  patient on an ongoing basis. The treatment plan is documented in writing in the
				  patient's medical record, includes specific goals and objectives, identifies a
				  continuum of care, and is reviewed and modified at frequent intervals by the
				  interdisciplinary team.
1. New section
					 filed 6-4-2003; operative 7-4-2003 (Register 2003, No. 23).
2. Amendment
					 of subsection (m) filed 8-31-2015; operative 10-1-2015 (Register 2015, No.
					 36).
Note: Authority cited: Sections
						4005.1
						and
						4027,
						Welfare and Institutions Code. Reference: Sections
						4005.1
						and
						4027,
						Welfare and Institutions Code.