California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 17 - Enhanced Treatment Program › Article 5 - Audio and Visual Monitoring/Recording › Section 5200 - Audio and Visual Monitoring/Recording

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Department may monitor or record via video or audio the ETP patient rooms and common
				  areas.
(b) The Department shall retain
				  as private and confidential, with restricted access, any audio or video recordings
				  of ETP patient rooms and common areas.
(c) With the written permission of the executive
				  director or designee of the hospital where the ETP is located, the Department shall
				  grant access to the audio or video recordings of patient rooms and common areas to
				  the hospital police to investigate an allegation of patient abuse or neglect or an
				  incident involving the safety and security of ETP patients or staff.
(d) In accordance with Welfare and Institutions
				  Code sections
				  4902,
				  subdivision (b)(1), and 4903, the Department shall grant access to the audio or
				  video recordings of ETP patient rooms and common areas to a protection and advocacy
				  agency investigating incidents of abuse, neglect, injury, or death.
(e) The Department shall destroy all audio or
				  visual recordings after 45 calendar days, unless the executive director or designee
				  of the hospital where the ETP is located has provided authorization to retain the
				  audio or video recordings beyond the 45 calendar days for a purpose noted in either
				  subdivision (c) or subdivision (d) of this section.
1. New article 5
					 (section 5200) and section filed 4-23-2020 as an
					 emergency; operative 4-23-2020 (Register 2020, No. 17). This action is a deemed
					 emergency pursuant to Welfare and Institutions Code section
					 4144(m).
					 A Certificate of Compliance must be transmitted to OAL by 10-20-2020 or emergency
					 language will be repealed by operation of law on the following day.
2.
					 Emergency filed 4-23-2020 extended 60 days (Executive Order N-40-20) (Register 2020,
					 No. 19). A Certificate of Compliance must be transmitted to OAL by 12-21-2020 or
					 emergency language will be repealed by operation of law on the following
					 day.
3. Emergency filed 4-23-2020 extended an additional 60 days pursuant
					 to Executive Order N-66-20 (Register 2020, No. 37). A Certificate of Compliance must
					 be transmitted to OAL by 2-19-2021 or emergency language will be repealed by
					 operation of law on the following day.
4. Repealer of article 5 (section
					 5200) and section by operation of
					 Government Code section
					 11346.1(g)
					 (Register 2021, No. 9).
5. Readoption of article 5 (section
					 5200) and section filed 3-29-2021 as an
					 emergency; operative 3-29-2021 (Register 2021, No. 14). This action is a deemed
					 emergency pursuant to Welfare and Institutions Code section
					 4144(m).
					 Expiration date of emergency extended 60 days (Executive Order N-40-20) plus an
					 additional 60 days (Executive Order N-71-20). A Certificate of Compliance must be
					 transmitted to OAL by 10-26-2021 or emergency language will be repealed by operation
					 of law on the following day.
6. Readoption of article 5 (section
					 5200) and section filed 10-21-2021 as an
					 emergency; operative 10-27-2021 pursuant to Government Code section
					 11346.1(d)
					 (Register 2021, No. 43). This action is a deemed emergency pursuant to Welfare and
					 Institutions Code section
					 4144(m).
					 A Certificate of Compliance must be transmitted to OAL by 1-25-2022 or emergency
					 language will be repealed by operation of law on the following day.
7.
					 Certificate of Compliance as to 10-21-2021 order, including amendment of section,
					 transmitted to OAL 12-30-2021 and filed 2-11-2022; amendments effective 2-11-2022
					 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2022, No. 6).
Note: Authority cited: Sections
						4005.1,
						4027,
						4101,
						4143
						and
						4144,
						Welfare and Institutions Code. Reference: Section
						4144,
						Welfare and Institutions Code.