reglab/statecodes huggingface dataset:
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 4 - Community Mental Health Services Under the Lanterman-Petris-Short Act › Article 5.5 - Voluntary Patients' Right to Refuse Antipsychotic Medications › Section 853 - Emergency

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Nothing in this article is intended to prohibit the physician
					 from taking appropriate action in an emergency. An emergency exists when there is a
					 sudden marked change in the patient's condition so that action is immediately
					 necessary for the preservation of the life or the prevention of serious bodily harm
					 to the patient or others, and it is impracticable to first obtain consent. If
					 antipsychotic medication is administered during an emergency, such medication shall
					 be only that which is required to treat the emergency condition and shall be
					 provided in ways that are least restrictive of the personal liberty of the
					 patient.
1. Editorial
					 correction of NOTE filed 10-26-82 (Register 82, No. 44).
Note: Authority cited: Sections
						5325,
						5326
						and
						5326.95,
						Welfare and Institutions Code. Reference: Sections
						5325
						and
						5325.1,
						Welfare and Institutions Code; Cobbs v. Grant (1972) 8 Cal. 3d 229.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 4 - Community Mental Health Services Under the Lanterman-Petris-Short Act › Article 5.5 - Voluntary Patients' Right to Refuse Antipsychotic Medications › Section 854 - Withdrawal of Consent

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A voluntary patient may withdraw consent to the administration
					 of antipsychotic medications at any time by stating such intention to any member of
					 the treatment staff.
1. Editorial
					 correction of NOTE filed 10-26-82 (Register 82, No. 44).
Note: Authority cited: Sections
						5325
						and
						5326.95,
						Welfare and Institutions Code. Reference: Sections
						5325,
						5325.1,
						6000,
						6002
						and
						6004,
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 4 - Community Mental Health Services Under the Lanterman-Petris-Short Act › Article 5.5 - Voluntary Patients' Right to Refuse Antipsychotic Medications › Section 855 - Consequence of Refusal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The refusal to consent to the administration of antipsychotic
					 medications shall not in itself constitute grounds for initiating an involuntary
					 commitment.
1. Editorial
					 correction of NOTE filed 10-26-82 (Register 82, No. 44).
Note: Authority cited: Sections
						5325
						and
						5326.95,
						Welfare and Institutions Code. Reference: Sections
						5150,
						5250,
						5325
						and
						5325.1,
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 4 - Community Mental Health Services Under the Lanterman-Petris-Short Act › Article 5.5 - Voluntary Patients' Right to Refuse Antipsychotic Medications › Section 856 - Definition of Antipsychotic Medication

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For purposes of this article, "antipsychotic medication" means
					 any drug customarily used for the treatment of symptoms of psychoses and other
					 severe mental and emotional disorders.
1. Editorial
					 correction of NOTE filed 10-26-82 (Register 82, No. 44).
Note: Authority cited: Sections
						5325
						and
						5326.95,
						Welfare and Institutions Code. Reference: Title 9, California Administrative Code,
						Sections 850-855.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 4 - Community Mental Health Services Under the Lanterman-Petris-Short Act › Article 5.5 - Voluntary Patients' Right to Refuse Antipsychotic Medications › Section 857 - Reports of Violations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any alleged or suspected violation of the rights of patients as
					 set out in this article shall be reported to the county patients' rights advocate,
					 or for state hospital patients, to the state hospital patients' rights advocate, who
					 shall report all complaints to the Director of the State Department of Mental
					 Health. The Director shall take appropriate action which, depending on the nature of
					 the complaint, could include:
(a) Referral
				  for disciplinary action to the facility governing body for review and
				  monitoring,
(b) Referral to the Board of
				  Medical Quality Assurance regarding a review of the individual practitioner's
				  license,
(c) Referral for review of the
				  facility license,
(d) Compelling
				  negotiations to ensure compliance with these regulations, withholding part or all of
				  state mental health funds, or taking appropriate court action.
The remedies provided by these regulations shall not preclude
					 any other remedies which the individual patient may have under the
					 law.
1. Editorial
					 correction of NOTE filed 10-26-82 (Register 82, No. 44).
Note: Authority cited: Sections
						5325
						and
						5326.95,
						Welfare and Institutions Code. Reference: Sections
						5325,
						5325.1,
						5326.9
						and
						5655,
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 4 - Community Mental Health Services Under the Lanterman-Petris-Short Act › Article 6 - Patient Rights: Denial for Good Cause › Section 860 - Application of Article. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New Article 6
					 (Sections 860-863,
					 863.1,
					 863.2,
					 864,
					 865,
					 865.1-865.5,
					 866-868) filed 5-4-76; effective
					 thirtieth day thereafter (Register 76, No. 19).
2. Order of Repeal filed
					 6-3-85 by OAL pursuant to Government Code Section
					 11349.7;
					 effective thirtieth day thereafter (Register 85, No. 26).
Note: Authority cited: Section
						5326,
						Welfare and Institutions Code. Reference: Section
						5326,
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 4 - Community Mental Health Services Under the Lanterman-Petris-Short Act › Article 6 - Patient Rights: Denial for Good Cause › Section 861 - List of Rights. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Order of
					 Repeal filed 6-3-85 by OAL pursuant to Government Code Section
					 11349.7;
					 effective thirtieth day thereafter (Register 85, No. 26).
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 4 - Community Mental Health Services Under the Lanterman-Petris-Short Act › Article 6 - Patient Rights: Denial for Good Cause › Section 862 - Notification of Rights

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A list of
				  the rights set forth in Section
				  5325
				  of the Welfare and Institutions Code, as well as the complaint procedure, prescribed
				  in Section 864, shall remain posted, in English and
				  Spanish, in all wards and common living areas of facilities specified in Section
				  860.
(b) Each person admitted to a facility specified
				  in Section 860 shall be personally notified of his
				  or her rights in writing, in a language he or she can understand, or shall have his
				  or her rights brought to his or her attention by other means if he or she is unable
				  to read or understand the information provided him or her.
(c) A notation to the effect that notification, or
				  an attempt to provide notification, has occurred, shall be entered in the
				  patient's/resident's record within 24 hours of admission.
1. Change without
					 regulatory effect amending subsections (a) and (b) and adding NOTE filed 6-6-2016
					 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2016, No. 24).
Note: Authority cited: Sections
						5325,
						5400
						and
						14700,
						Welfare and Institutions Code. Reference: Section
						5325,
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 4 - Community Mental Health Services Under the Lanterman-Petris-Short Act › Article 6 - Patient Rights: Denial for Good Cause › Section 863 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  "Patients' Rights Specialist" means the person in the Headquarters Office of the
				  Department of Health delegated the responsibility for ensuring that mentally and
				  developmentally disabled persons in facilities providing mental health services or
				  residential care are afforded their statutory and constitutional rights.
(b) The "Patients' Advocate" means the person in a
				  local mental health program delegated the responsibility for ensuring that mentally
				  disabled persons in facilities specified in Section
				  860 are afforded their statutory and
				  constitutional rights.
(c) The
				  "Residents' Advocate" means the person in a regional center program delegated the
				  responsibility for ensuring that developmentally disabled residents in facilities
				  specified in Section
				  860 are afforded their statutory and
				  constitutional rights.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 4 - Community Mental Health Services Under the Lanterman-Petris-Short Act › Article 6 - Patient Rights: Denial for Good Cause › Section 863.1 - Assignment of Patients'/Residents' Advocate

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each county
				  mental health director shall assign a Patients' Advocate to handle complaints of
				  mentally disabled patients and residents regarding the abuse, unreasonable denial,
				  or punitive withholding of a right guaranteed under Section
				  861 of this article. Each regional
				  center director shall assign a Residents' Advocate to handle similar complaints from
				  developmentally disabled residents. If the person assigned to handle complaints is a
				  member of the staff of a particular facility, he shall not be involved in the direct
				  supervision of patients or residents of that facility.
(b) The appointment of a Patients'/Residents'
				  Advocate in a state hospital, as well as the complaint procedure to be observed
				  there, shall be in accordance with Department of Health directives on the patients'
				  rights program for state hospitals.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 4 - Community Mental Health Services Under the Lanterman-Petris-Short Act › Article 6 - Patient Rights: Denial for Good Cause › Section 863.2 - Duties of Patients'/Residents' Advocate

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Patients'/Residents' Advocate shall:
(1) Ensure
				  that the rights listed in Section
				  5325
				  of the Welfare and Institutions Code and in Section
				  861 remain posted in all facilities
				  where posting is required pursuant to Section
				  860.
(2) Ensure that all incoming patients/residents
				  are notified of these rights.
(3) Assist
				  in training staff of facilities specified in Section
				  860 regarding patients'/residents'
				  rights.
(4) Investigate complaints of
				  patients/residents or their responsible relatives, and, if necessary, act as
				  advocate for patients/residents.
(5) Act
				  as advocate in behalf of patients/residents who are unable to register a complaint
				  because of their mental or physical condition.
(6) Act as local consultant in the area of
				  patients'/residents' rights.
(7) Act as
				  liaison to the Patient Rights Specialist, Department of Health.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 4 - Community Mental Health Services Under the Lanterman-Petris-Short Act › Article 6 - Patient Rights: Denial for Good Cause › Section 864 - Complaint Procedure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The list of
				  rights that shall be posted, provided, or explained to the patient/resident pursuant
				  to Section 862 shall contain:
(1) Notification that any patient/resident who
				  believes a right of his/hers has been abused, punitively withheld, or unreasonably
				  denied may file a complaint with the Patients'/Residents' Advocate.
(2) The name of the Patients'/Residents' Advocate
				  who has been assigned to handle such complaints, his telephone number, and the times
				  during which he may be contacted.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 4 - Community Mental Health Services Under the Lanterman-Petris-Short Act › Article 6 - Patient Rights: Denial for Good Cause › Section 865 - Authority for Denial of Rights

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  (Reserved)
(b) "Professional person in
				  charge of the facility" is defined in Section
				  822 of this subchapter, Title 9,
				  California Code of Regulations; in community care facilities it is the administrator
				  of the facility. Prior to denying the rights, as listed in Section
				  5325
				  of the Welfare and Institutions Code, of a resident for good cause, the
				  administrator of a community care facility shall first obtain concurrence from the
				  resident's physician or social worker that good cause for denial exists.
(c) Notwithstanding the provisions of this
				  article, good cause denial of that right listed under subdivision (f) of Section
				  5325 shall be in accordance with the
				  provisions set forth in Article 7 (commencing with Section
				  5325) of Chapter 2 of Part 1 of Division
				  5 of the Welfare and Institutions Code, as interpreted by court decision.
(d) Any person who has the lawful right on his or
				  her own choice to discharge from a facility shall be informed of said right at the
				  time of admission to the facility. If the person elects to discharge from the
				  facility rather than voluntarily accepting any denial of his or her rights, such
				  election shall be documented in his or her treatment record, and the person shall be
				  permitted to leave the facility.
1. Order of
					 Repeal of subsection (a) filed 6-3-85 by OAL pursuant to Government Code Section
					 11349.7;
					 effective thirtieth day thereafter (Register 85, No. 26).
2. Change
					 without regulatory effect amending subsections (b) and (d) and adding NOTE filed
					 6-6-2016 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2016, No. 24).
Note: Authority cited: Sections
						5326,
						5400
						and
						14700,
						Welfare and Institutions Code. Reference: Section
						5326,
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 4 - Community Mental Health Services Under the Lanterman-Petris-Short Act › Article 6 - Patient Rights: Denial for Good Cause › Section 865.1 - Denial of Rights in Community Care Facilities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A right
				  listed in Section
				  861 of this article may be denied a
				  resident of a licensed community care facility only upon the failure of all other
				  means taken to resolve the behavior necessitating denial.
(b) Agreements and negotiations between the
				  resident, administrator, and social worker shall be the primary means of resolving
				  problems regarding the rights of the resident.
(c) If the community care facility, after
				  compliance with subsections (a) and (b) of this section, wishes to deny one or more
				  Section 861(a) through (e)
				  rights, the procedure of Section
				  865 must be followed.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 4 - Community Mental Health Services Under the Lanterman-Petris-Short Act › Article 6 - Patient Rights: Denial for Good Cause › Section 865.2 - Good Cause for Denial of Rights

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Rights
				  listed in Section
				  861, except for that right listed in
				  subdivision (g), may be denied only for good cause, and the rights under subdivision
				  (f) may be denied only under the conditions specified in Article 7 (commencing with
				  Section 5325) of Chapter 2 of Part 1 of Division
				  5 of the Welfare and Institutions Code. Good cause for denying a patient/resident
				  the exercise of a right exists when the professional person in charge of a facility
				  or his designee has good reason to believe:
(1)
				  That the exercise of the specific right would be injurious to the patient/resident;
				  or
(2) That there is evidence that the
				  specific right, if exercised would seriously infringe on the rights of others;
				  or
(3) That the institution or facility
				  would suffer serious damage if the specific right is not denied; and
(4) That there is no less restrictive way of
				  protecting the interests specified in (1), (2), or (3).
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 4 - Community Mental Health Services Under the Lanterman-Petris-Short Act › Article 6 - Patient Rights: Denial for Good Cause › Section 865.3 - Documentation of Denial of Rights

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each denial
				  of a patient's/resident's right shall be noted in his treatment record.
				  Documentation shall take place immediately whenever a right has been denied. The
				  notation shall include:
(1) Date and time the
				  right was denied.
(2) Specific right
				  denied.
(3) Good cause for denial of
				  right.
(4) Date of review if denial was
				  extended beyond 30 days.
(5) Signature
				  of the professional person in charge of the facility or his designee authorizing
				  denial of right.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 4 - Community Mental Health Services Under the Lanterman-Petris-Short Act › Article 6 - Patient Rights: Denial for Good Cause › Section 865.4 - Seclusion and Restraints

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Seclusion
				  is the involuntary isolation of a patient in a locked room. Seclusion and/or
				  restraints shall never be used as punishment or as a substitute for a less
				  restrictive alternative form of treatment.
(b) Each instance of seclusion and/or restraints
				  shall be noted in the patient's record in accordance with Section
				  865.3.
(c) Documentation of the Section
				  5325 of Welfare and Institutions Code
				  rights actually denied a person in seclusion or restraints shall be entered in the
				  patient's record.
(d) In addition to the
				  foregoing, all of the provisions contained in Sections
				  70577(j) (General Acute
				  Care Hospitals), 71545 (Acute Psychiatric Hospitals), 72407, 72409, 72411, 72413
				  (Skilled Nursing Facilities), and 73403, 73405, 73407, 73409 (Intermediate Care
				  Facilities) of Title 22 of the California Code of Regulations shall prevail as
				  applicable rules for the respective health care facilities.
(e) The authority for the use of seclusion and/or
				  restraints on any resident of a community care facility shall be in accordance with
				  provisions of Title 22, California Code of Regulations, Section
				  80403(f).
1. Change without
					 regulatory effect amending subsections (c)-(e) and adding NOTE filed 6-6-2016
					 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2016, No. 24).
Note: Authority cited: Sections
						5400
						and
						14700,
						Welfare and Institutions Code. Reference: Sections
						5325,
						5325.1
						and
						5326,
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 4 - Community Mental Health Services Under the Lanterman-Petris-Short Act › Article 6 - Patient Rights: Denial for Good Cause › Section 865.5 - Restoration of Rights

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A right shall not continue to be denied a patient/resident when
					 the good cause for its denial no longer exists. When a right has been denied, staff
					 shall employ the least restrictive means of managing the behavior problem which led
					 to the denial. The date a specific right is restored shall be documented in the
					 patient's/resident's treatment record.
1. Change without
					 regulatory adding NOTE filed 6-6-2016 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2016, No. 24).
Note: Authority cited: Sections
						5400
						and
						14700,
						Welfare and Institutions Code. Reference: Sections
						5325,
						5325.1
						and
						5326,
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 4 - Community Mental Health Services Under the Lanterman-Petris-Short Act › Article 6 - Patient Rights: Denial for Good Cause › Section 866 - Quarterly Reports to the Director of Health

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each local
				  mental health director shall, by the last day of January, April, July, and October,
				  report on the appropriate form to the Patients' Rights Specialist, Department of
				  Health, the number of persons, by facility, whose rights were denied and the
				  specific right or rights denied. Denials of rights in the following types of local
				  facilities must be reported to the local mental health director for inclusion in
				  each quarterly report:
(1) Facilities that treat
				  persons involuntarily detained under the Lanterman-Petris-Short Act;
(2) Local mental health facilities operated
				  directly by or under contract with local mental health services or designated in the
				  county plan to provide such services;
(3) Private mental institutions;
(4) Psychiatric units of general acute care
				  hospitals, acute psychiatric hospitals, and skilled nursing
				  facilities.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 4 - Community Mental Health Services Under the Lanterman-Petris-Short Act › Article 6 - Patient Rights: Denial for Good Cause › Section 867 - Access to Denial of Rights Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Information in a patient's/resident's treatment record
					 pertaining to a denial of a right shall be available on request to the
					 patient/resident, his attorney/conservator/guardian, the Department of Health, a
					 member of the State Legislature, or a member of a county board of
					 supervisors.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 4 - Community Mental Health Services Under the Lanterman-Petris-Short Act › Article 6 - Patient Rights: Denial for Good Cause › Section 868 - Annual Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Patients' Rights Specialist shall, with the assistance of the Patients'/Residents'
				  Advocate, conduct an annual review of the patients' rights program in each local
				  mental health program and regional center.
(b) The Patients' Rights Specialist shall submit a
				  report of the annual review to the local mental health director or the regional
				  center director, as appropriate, with a copy to the Mental Disabilities Services
				  Branch Chief, or the Developmental Disabilities Branch Chief, as
				  appropriate.
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 880 - Application of Chapter

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Chapter 4.5 applies to patients' rights and related procedures
					 for all non-Lanterman-Petris-Short Act (LPS) patients placed in or committed to a
					 treatment program in a Department of Mental Health facility, except when transferred
					 to or placed in a federally certified program.
1. New chapter
					 4.5 (articles 1-3, sections
					 880-892), article 1 (sections
					 880-881) and section filed 6-4-2003;
					 operative 7-4-2003 (Register 2003, No. 23).
Note: Authority cited: Sections
						4005.1
						and
						4027,
						Welfare and Institutions Code. Reference: Section
						4027,
						Welfare and Institutions Code.
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 2 - Non-LPS Patients' Rights › Section 882 - Notification of Rights

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon
				  admission to the facility, each non-LPS patient shall be informed of the rights
				  specified in Sections
				  883 and
				  884 and given a copy of their rights in
				  the language or modality understood by the patient.
(b) These patients' rights shall also be
				  prominently posted in the predominant languages of the patients in patients' living
				  areas.
1. New article 2
					 (sections 882-886) and section filed 6-4-2003;
					 operative 7-4-2003 (Register 2003, No. 23).
Note: Authority cited: Sections
						4005.1
						and
						4027,
						Welfare and Institutions Code. Reference: Sections
						4027
						and
						5600.2(a),
						Welfare and Institutions Code.
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 2 - Non-LPS Patients' Rights › Section 883 - Non-LPS Patients' Rights - Non-Deniable

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  patient's parent, guardian, or conservator may not waive the rights listed in this
				  Section unless authority to waive these rights is specifically granted by court
				  order.
(b) Non-LPS Patients have the
				  following rights:
(1) A right to privacy, dignity,
				  respect and humane care.
(2) A right to
				  receive treatment for a diagnosed mental disorder that is provided in a method least
				  restrictive of individual liberty and promotes personal independence.
(3) A right to medical care and treatment for
				  physical ailments and conditions according to accepted clinical standards and
				  practices.
(4) A right to refuse
				  psychosurgery, electroconvulsive therapy, experimental and other hazardous
				  procedures.
(5) A right to be free from
				  harm including abuse or neglect, and unnecessary or excessive medication, restraint,
				  seclusion, or protective or administrative isolation. Medication, restraint,
				  seclusion, or protective or administrative isolation shall not be used as
				  punishment, as retaliation for filing complaints, for the convenience of staff, as a
				  substitute for a treatment program or in quantities that interfere with the
				  patient's treatment.
(6) A right to
				  confidential case discussions, consultation, examination, and patient records.
				  Confidential information shall only be provided to those people providing evaluation
				  and/or treatment or as authorized by law.
(7) A right to be informed of the procedures for
				  filing complaints and the process for appeals when complaints are not resolved to
				  the patient's satisfaction.
(8) A right
				  to access the services of a Patients' Rights Advocate.
(9) A right to confidential communications with an
				  attorney, either through correspondence or through private consultation, during
				  regularly scheduled visiting days and hours.
(10) A right to religious freedom and practice,
				  within the context of the environment of a secure treatment facility.
(11) A right to opportunities for physical
				  exercise and recreational activities.
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 2 - Non-LPS Patients' Rights › Section 885 - Complaint and Appeal Procedure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Non-LPS patients shall be informed of and provided with a
					 written procedure for filing complaints or appeals alleging violations of any
					 right(s) contained in Sections
					 883 and
					 884. The written procedure shall contain
					 the following information:
(a) Notification
				  that any patient who believes a patients' right listed in this Article has been
				  abused, punitively withheld, or unreasonably denied may file a complaint with the
				  Patients' Rights Advocate.
(b) The
				  contact name of the Patients' Rights Advocate assigned to address patients' rights
				  complaints, their telephone number and contact times.
(c) A statement that the Patients' Rights Advocate
				  shall take action to investigate and address patients' rights complaints within two
				  working days.
(d) A statement that if
				  the complainant is not satisfied with the response and/or action taken pursuant to
				  Subsection (c) of this Section, the complainant may, within ten working days,
				  request that the complaint be referred to the facility director for review and
				  response.
(e) A statement that the
				  facility director shall take action to review the patients' rights complaint and
				  issue a response within fifteen working days.
(f) A statement that if the complainant is not
				  satisfied with the response of the facility director, the complainant may, within
				  thirty working days, request that the complaint be referred to the Office of
				  Patients' Rights for review and response.
(g) A statement that if the complainant is not
				  satisfied with the response of the Office of Patients Rights, the complainant may
				  request, within thirty working days, that the complaint be referred to the Director
				  of the Department.
1. New section
					 filed 6-4-2003; operative 7-4-2003 (Register 2003, No. 23).
Note: Authority cited: Sections
						4005.1
						and
						4027,
						Welfare and Institutions Code. Reference: Section
						4027,
						Welfare and Institutions Code.
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 2 - Non-LPS Patients' Rights › Section 886 - Quarterly Reports to the Office of Patients' Rights

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each
				  facility director shall file quarterly reports with the Office of Patients' Rights,
				  by the last day of January, April, July, and October. These reports shall list the
				  number of patients whose right or rights were denied and the specific right or
				  rights that were denied.
(b) The
				  quarterly reports shall enable the Director of the Department and the Office of
				  Patients' Rights to identify individual treatment records, if necessary, for further
				  analysis and investigation.
1. New section
					 filed 6-4-2003; operative 7-4-2003 (Register 2003, No. 23).
Note: Authority cited: Sections
						4005.1
						and
						4027,
						Welfare and Institutions Code. Reference: Section
						4027,
						Welfare and Institutions Code.
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 3 - General Limitations Applicable to Non-LPS Patients › Section 890 - Clothing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The facility director shall specify the types of clothing that
					 are authorized to be worn by non-LPS patients in the facility.
1. New article 3
					 (sections 890-892) and section filed 6-4-2003;
					 operative 7-4-2003 (Register 2003, No. 23).
Note: Authority cited: Sections
						4005.1
						and
						4027,
						Welfare and Institutions Code. Reference: Sections
						4027
						and
						7232,
						Welfare and Institutions Code.
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 3 - General Limitations Applicable to Non-LPS Patients › Section 891 - Internet Usage

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Non-LPS patients shall not have access to the Internet.
1. New section
					 filed 6-4-2003; operative 7-4-2003 (Register 2003, No. 23).
Note: Authority cited: Sections
						4005.1
						and
						4027,
						Welfare and Institutions Code. Reference: Sections
						4005.1
						and
						4027,
						Welfare and Institutions Code.
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 3 - General Limitations Applicable to Non-LPS Patients › Section 892 - Operating Businesses from Within the Facility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Non-LPS patients shall not operate a business from within the
					 facility. If there is any business activity of a patient or disposition of property
					 owned by a patient that needs to be attended to or to be administered, the patient
					 shall designate a person outside the facility to be responsible for doing so. If
					 necessary, the patient shall execute a power of attorney or other legally
					 authorizing instrument that allows the patient's designee the legal authority to
					 take care of the patient's business or property while the patient is in the
					 facility.
1. New section
					 filed 6-4-2003; operative 7-4-2003 (Register 2003, No. 23).
Note: Authority cited: Sections
						4005.1
						and
						4027,
						Welfare and Institutions Code. Reference: Sections
						4005.1
						and
						4027,
						Welfare and Institutions Code.
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 3 - General Limitations Applicable to Non-LPS Patients › Section 893 - Property Transfer Between Patients

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each State
				  Hospital may prohibit patients from buying, selling, trading, or gifting property
				  between patients of that state hospital. To determine if the hospital will prohibit
				  the buying, selling, trading, or gifting of property between patients, the hospital
				  executive staff will weigh the factors in Section (a)(2)(B) as they apply to the
				  hospital as a whole.
(1) If the buying, selling,
				  trading, or gifting of property is prohibited at the state hospital, state hospital
				  staff will confiscate property found in the possession of a patient identified as
				  having been bought, traded, or gifted.
(A) Either
				  before or after confiscation, in order to determine whether property found in the
				  possession of a patient has been bought, traded, or gifted, in violation of the
				  prohibition, the patient will be asked to verify property ownership, by means of
				  property receipts, Property Transfer Forms referenced in subsection (a)(2)(A), or
				  any other means available. If the patient demonstrates they did not violate the
				  prohibition, then the patient will retain the property, and if confiscated, hospital
				  staff will return that property to the patient.
(B) The patient's treatment team will arrange for
				  the return of the confiscated property to the original owner who sold, traded or
				  gifted the property, if identified and the confiscated property is not contraband,
				  illegal, or otherwise prohibited on state hospital grounds.
(C) If the original owner, who sold, traded or
				  gifted the property is not identified, the confiscated property will be deemed as
				  unidentified property.
(D) If a patient
				  contests property confiscation under subdivision (a)(1), the patient may submit a
				  written request within 10 working days of the date of confiscation, stating what
				  property was confiscated, and that they are requesting a review to the program
				  director, or designee.
1. The program director, or
				  designee, will respond to the written request of the patient within 30 calendar
				  days.
2. If the program director or
				  designee finds the property was not transferred in violation of the prohibition,
				  then the program director or designee will approve the request and the state
				  hospital will return the property to the patient from which it was
				  confiscated.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 5 - Conduct of Research and Patient Data Information Requirements in Facilities Providing Service Under Divisions 5, 6, or 7 of the Welfare and Institutions Code › Article 1 - Application › Section 900 - Application of Chapter

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Chapter 5 shall apply to mental health services as provided for
					 in Division 5 (commencing with Section
					 5000), Division 6 (commencing with
					 Section 6000), and Division 7 (commencing with
					 Section 7000) of the Welfare and Institutions
					 Code, to either voluntary or involuntary patients.
1. New Subchapter
					 5 (Sections 900,
					 901,
					 910-912,
					 920-923) filed 9-2-69 as an emergency;
					 effective upon filing (Register 69, No. 36).
2. Amendment filed 11-17-69
					 as an emergency; effective upon filing (Register 69, No. 47).
3.
					 Certificate of Compliance covering 9-2-69 and 11-17-69 filings, filed 12-31-69
					 (Register 70, No. 1).
Note: Authority cited for Subchapter 5: Sections
						4101,
						5750,
						7003,
						7201,
						Welfare and Institutions Code. Reference: Section
						5328(e),
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 5 - Conduct of Research and Patient Data Information Requirements in Facilities Providing Service Under Divisions 5, 6, or 7 of the Welfare and Institutions Code › Article 1 - Application › Section 901 - Section Headings. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Order of
					 Repeal filed 6-3-85 by OAL pursuant to Government Code Section
					 11349.7;
					 effective thirtieth day thereafter (Register 85, No. 26).
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 5 - Conduct of Research and Patient Data Information Requirements in Facilities Providing Service Under Divisions 5, 6, or 7 of the Welfare and Institutions Code › Article 2 - Definitions and General Provisions › Section 910 - Department

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Department" means the State Department of Mental Health.
1. Amendment
					 filed 6-29-73 as an emergency; designated effective 6-30-73 (Register 73, No.
					 26).
2. Certificate of Compliance filed 10-24-73 (Register 73, No.
					 43).
3. Amendment filed 6-30-78 as an emergency; designated effective at
					 11:59 p.m. on 6-30-78 (Register 78, No. 26).
4. Certificate of Compliance
					 transmitted to OAH 10-27-78; filed 10-31-78 (Register 78, No. 44).
Note: Authority cited: Sections
						4012
						and
						5400,
						Welfare and Institutions Code. Chapter 1252, Statutes of 1977.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 5 - Conduct of Research and Patient Data Information Requirements in Facilities Providing Service Under Divisions 5, 6, or 7 of the Welfare and Institutions Code › Article 2 - Definitions and General Provisions › Section 911 - Shall and May

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
As used in this subchapter, "shall" is mandatory and "may" is
					 permissive.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 5 - Conduct of Research and Patient Data Information Requirements in Facilities Providing Service Under Divisions 5, 6, or 7 of the Welfare and Institutions Code › Article 2 - Definitions and General Provisions › Section 912 - Facilities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
As used in this subchapter "facilities" include every State
					 Hospital, Neuropsychiatric Institute, Local Mental Health Service, private or public
					 establishment and institution providing services under Divisions 5, 6 or 7 of the
					 Welfare and Institutions Code.
1. Amendment
					 filed 11-17-69 as an emergency; effective upon filing (Register 69, No.
					 47).
2. Certificate of Compliance filed 12-31-69 (Register 70, No.
					 1).
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 5 - Conduct of Research and Patient Data Information Requirements in Facilities Providing Service Under Divisions 5, 6, or 7 of the Welfare and Institutions Code › Article 3 - Research [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment filed
				  11-17-69 as an emergency; effective upon filing (Register 69, No. 47).
2.
				  Certificate of Compliance filed 12-31-69 (Register 70, No. 1).
3. Order
				  of Repeal of Article 3 (Sections
				  920-923) filed 6-3-85 by OAL pursuant to
				  Government Code Section
				  11349.7;
				  effective thirtieth day thereafter (Register 85, No.
				  26).
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 5 - Conduct of Research and Patient Data Information Requirements in Facilities Providing Service Under Divisions 5, 6, or 7 of the Welfare and Institutions Code › Article 4 - Patient Data Information [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New Article 4
				  (Sections 940,
				  941,
				  942 and
				  943) filed 10-1-71; effective thirtieth
				  day thereafter (Register 71, No. 40).
2. Order of Repeal of Article 4
				  (Sections 940-943) filed 6-3-85 by OAL pursuant to
				  Government Code Section
				  11349.7;
				  effective thirtieth day thereafter (Register 85, No.
				  26).
Note: Authority cited for Article 4: Sections
					 4011,
					 5750,
					 6002,
					 7003
					 and
					 7201,
					 Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 6 - Joint Regulations for Handicapped Children-Interagency Responsibilities for Providing Services to Handicapped Children › Section 1000 - Joint Regulations for Handicapped Children

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
CROSS-REFERENCE: See Title 2, Division 9, Articles 1-9, Sections
				  60000-60610, not consecutive.
1. New Subchapter 6
				  (Section 1000) printed as Cross-Reference only
				  (Register 86, No. 21). For history of former Subchapter 6, see Register 83, No.
				  36.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 7 - Acute and Nonacute Levels of 24-Hour Mental Health Care Provided by County Mental Health Agencies in Correctional Treatment Centers › Section 1101 - Application of Chapter

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This Chapter shall apply to acute and nonacute levels of 24- hour
				  mental health care provided by county mental health agencies in correctional
				  treatment centers in local detention facilities.
1. New chapter 3.5
				  and section filed 7-14-94; operative 1-2-96 (Register 94, No. 28).
2.
				  Change without regulatory effect renumbering and amending former chapter 3.5
				  (sections 781 through
				  795) to new chapter 7 (sections
				  1101 through
				  1115, respectively) and former section
				  781 to new section
				  1101 filed 8-31-95 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 95, No. 34). For prior history of chapter 7, see Register 81,
				  No. 49.
Note: Authority cited: Sections
					 1250.1(a)(12) and
					 1267.10(a). Health and
					 Safety Code. Reference: Sections
					 1250(i)
					 and
					 1254,
					 Health and Safety Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 7 - Acute and Nonacute Levels of 24-Hour Mental Health Care Provided by County Mental Health Agencies in Correctional Treatment Centers › Section 1102 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following definitions contained in Article 1 (commencing with
				  Section 79501) of Chapter 12 of Division 5 of
				  Title 22 as adopted by the Department of Health Services shall apply to terms used
				  in this chapter; Sections
				  79509; 79511; 79513; 79516; 79531;
				  79535; 79537; 79539; 79541; 79543; 79547; 79551; 79559; 79561; 79564; 79565; 79567;
				  79569; 79571; 79575 and 79577.
1. New section
				  filed 7-14-94; operative 1-2-96 (Register 94, No. 28).
2. Change without
				  regulatory effect renumbering former section
				  782 to new section
				  1102 filed 8-31-95 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 95, No. 34).
Note: Authority cited: Sections
					 1250.1(a)(12)
					 and
					 1267.10(a),
					 Health and Safety Code. Reference: Sections
					 1250(j)
					 and
					 1254,
					 Health and Safety Code.