reglab/statecodes huggingface dataset:
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 3.5 - Mental Health Rehabilitation Centers › Article 8 - Citations and License Revocation › Section 788.14 - License Revocation and Citation Review Conference

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) At a
				  citation review conference:
(1) The licensee shall
				  have the right to be represented by legal counsel, or a person of the licensee's
				  choosing, to prevent oral or written information on the licensee's behalf, and to
				  explain any mitigating circumstances.
(2) The representatives of the Department who
				  issued the citation should attend the conference and present information, oral or
				  written, in substantiation of the alleged noncompliance.
(3) The conference shall be an informal
				  proceeding, and shall not be conducted in the manner of a judicial hearing or as a
				  hearing under the Administrative Procedure Action (Chapter 5 [commencing with
				  Section 11500] of Part 1 of Division 3 of Title
				  2 of the Government Code), and need not be conducted according to technical rules
				  relating to evidence and witnesses.
(4)
				  Neither the licensee nor the Department shall have the right to subpoena any witness
				  to attend the conference, to record testimony at the conference, nor to formally
				  cross-examine any person testifying at the conference. However, the licensee and the
				  Department may present any witness on its behalf at the
				  conference.
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 1 - Application › Section 800 - Application of Subchapter

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Subchapter 4 shall apply to community mental health services as
					 provided for in the Lanterman-Petris-Short Act of part 1 of division 5 of the
					 Welfare and Institutions Code.
1. New subchapter
					 4 (sections 800,
					 801,
					 810-812,
					 820-822,
					 830) filed 7-24-68 and designated
					 effective on the 61st day after final adjournment of 1968 Regular Session of the
					 Legislature (Register 68, No. 28).
2. Repealer of subchapter 4 and new
					 subchapter 4 (sections
					 800,
					 801,
					 810-812,
					 820,
					 821,
					 821.1,
					 822,
					 823,
					 830) filed 5-21-69; designated effective
					 7-1-69 (Register 69, No. 21).
3. Editorial correction of printing error
					 in chapter 4 heading (Register 91, No. 30).
Note: Authority cited: Section
						5400,
						Welfare and Institutions Code. Reference: Sections
						5000
						through
						5401,
						Welfare and Institutions Code. Additional authority cited: Section
						5750,
						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 1 - Application › Section 801 - Section Headings. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer filed
					 1-13-83; effective thirtieth day thereafter (Register 83, No. 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 2 - Definitions and General Provisions › Section 810 - Act

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Act" means the Lanterman-Petris-Short Act, Division 5, Part 1
					 (commencing with Section
					 5000
					 of the Welfare and Institutions Code).
1. Editorial
					 correction adding NOTE filed 10-26-82 (Register 82, No. 44).
Note: Authority cited: Section
						5400,
						Welfare and Institutions Code. Reference: Section
						5000,
						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 2 - Definitions and General Provisions › Section 811 - Department

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Department" means the Department of Health Care
					 Services.
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).
5.
					 Change without regulatory effect amending section and 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: Section
						14700,
						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 2 - Definitions and General Provisions › Section 812 - 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.
1. Change without
					 regulatory effect 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: Section
						5400,
						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 2 - Definitions and General Provisions › Section 813 - Mental Disorder. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
					 filed 6-29-71; effective thirtieth day thereafter (Register 71, No. 27). For history
					 of former Sections
					 813 and
					 814, see Register 70, No.
					 50.
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
						5400,
						Welfare and Institutions Code. Reference: Sections
						5150,
						5200
						and
						5250,
						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 3 - Facilities › Section 820 - Designation by Board of Supervisors. [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 3 - Facilities › Section 821 - Approval of Facilities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any facility designated by the board of supervisors of a county
					 for evaluation and treatment pursuant to Articles 1 and 2 of Chapter 2, Part 1,
					 Division 5 of the Welfare and Institutions Code, is subject to approval of the
					 Department. Such a facility shall be approved by the Department if it meets the
					 requirements of Chapter 3 of this title for inpatient services.
1. Editorial
					 correction adding NOTE filed 10-26-82 (Register 82, No. 44).
2. Change
					 without regulatory effect amending section filed 3-25-2003 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2003, No. 13).
Note: Authority cited: Sections
						5400
						and
						5404,
						Welfare and Institutions Code. Reference: Sections
						5150,
						5202,
						5366.1,
						5400
						and
						5404,
						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 3 - Facilities › Section 821.1 - Approval of Persons or Agencies for Prepetition Screening

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any person or agency designated by the board of supervisors of a
					 county under Section
					 5202 of the Act to provide prepetition
					 screening is subject to the approval of the Department. Such person or agency shall
					 be approved by the Department only if the person or agency is working under the
					 direction of the Director of Local Mental Health Services or a physician designated
					 by the Director of Local Mental Health Services or social worker as defined in
					 Section 624 or
					 625 designated by the Director of Local
					 Mental Health Services.
1. Amendment
					 filed 1-28-76; effective thirtieth day thereafter (Register 76, No.
					 5).
2. Change without regulatory effect (Register 88, No.3).
Note: Authority cited: Sections
						5202
						and
						5400,
						Welfare and Institutions Code. Reference: Section
						5202,
						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 3 - Facilities › Section 822 - Professional Person in Charge of a Facility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
As used in the Act, "professional person in charge of a
					 facility" means a person as defined in Section
					 623,
					 624,
					 625,
					 626, or
					 627 of this Chapter who is designated by
					 the governing board of the facility or other agency or person having control of the
					 facility as the professional person clinically in charge of the facility for
					 purposes of the Act. The designation shall be in writing.
1. Amendment
					 filed 1-28-76; effective thirtieth day thereafter (Register 76, No.
					 5).
2. Change without regulatory effect correcting internal cites filed
					 10-27-88 (Register 88, No. 45).
3. Amendment filed 11-28-88; operative
					 12-28-88 (Register 89, No. 11).
Note: Authority cited: Sections
						5600.5,
						5750
						and
						5751,
						Welfare and Institutions Code. Reference: Sections
						5150,
						5152.1,
						5154,
						5208,
						5251,
						5254,
						5254.1,
						5257,
						5258,
						5264,
						5267,
						5268,
						5275,
						5301,
						5326,
						5328(k),
						5328.3,
						5328.4,
						5328.6,
						5328.8,
						5352,
						5352.3,
						5352.5
						and
						5366.1,
						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 3 - Facilities › Section 823 - Attending Staff

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Attending staff" under section
					 5150 of the Act means any person having
					 responsibility for the care and treatment of the patient, as designated by the Local
					 Mental Health Director, on the staff of an evaluation facility designated by the
					 county.
1. Change without
					 regulatory effect 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: Section
						5150,
						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 3 - Facilities › Section 824 - Facilities for Inebriates and Alcoholics. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
					 filed 3-16-73 as an emergency; effective upon filing (Register 73, No.
					 11).
2. Certificate of Compliance filed 7-12-73 (Register 73, No.
					 28).
3. Repealer filed 4-9-82; effective thirtieth day thereafter
					 (Register 82, No. 15).
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 3 - Facilities › Section 825 - Calculation of Evaluation and Treatment Period

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
As of January 1, 1979, all facilities that are designated as
					 72-hour evaluation and treatment facilities pursuant to Section
					 5150
					 of the Welfare and Institutions Code must count Saturdays, Sundays, and holidays as
					 part of the 72-hour period unless exempted by the Department.
1. New section
					 filed 12-29-78 as an emergency; designated effective 1-1-79 (Register 78, No.
					 52).
2. Certificate of Compliance filed 5-16-79; transmitted to OAH
					 4-24-79 (Register 79, No. 20).
Note: Authority cited: Section
						5151,
						Welfare and Institutions Code. Reference: Section
						5151,
						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 3 - Facilities › Section 825.1 - Exemption Requests

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Facilities wishing to be exempted from this requirement must
					 apply through the Local Mental Health Director who shall submit a written request to
					 the Department requesting such exemption.
1. New section
					 filed 12-29-78 as an emergency; designated effective 1-1-79 (Register 78, No.
					 52).
2. Certificate of Compliance filed 5-16-79; transmitted to OAH
					 4-24-79 (Register 79, No. 20).
Note: Authority cite: Section
						5151,
						Welfare and Institutions Code. Reference: Section
						5151,
						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 3 - Facilities › Section 825.2 - Exemption Request Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The request shall include the following information:
(a) The identity of the facility for which the
				  exemption is requested;
(b) The
				  reason(s) that evaluation and treatment services cannot be made available on
				  Saturdays, Sundays, and holidays. If the reason relates to staffing, there shall be
				  included a statement explaining normal staffing standards pursuant to Article 10 of
				  Subchapter 3 on days when evaluation and treatment services are provided and why
				  such staffing is not available on Saturdays, Sundays, and holidays.
(c) A description of the efforts the facility has
				  made and will make to provide evaluation and treatment services on Saturdays,
				  Sundays, and holidays.
1. New section
					 filed 12-29-78 as an emergency; designated effective 1-1-79 (Register 78, No.
					 52).
2. Certificate of Compliance filed 5-16-79; transmitted to OAH
					 4-24-79 (Register 79, No. 20).
Note: Authority cited: Section
						5151,
						Welfare and Institutions Code. Reference: Section
						5151,
						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 3 - Facilities › Section 825.3 - Certification of Exemptions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Department will either certify that the facility cannot
					 reasonably provide evaluation and treatment services on Saturdays, Sundays, and
					 holidays or deny such certification. If granted, the certification shall be
					 effective for two years unless revoked in accordance with Section
					 825.4.
1. New section
					 filed 12-29-78 as an emergency; designated effective 1-1-79 (Register 78, No.
					 52).
2. Certificate of Compliance filed 5-16-79; transmitted to OAH
					 4-24-79 (Register 79, No. 20).
Note: Authority cited: Section
						5151,
						Welfare and Institutions Code. Reference: Section
						5151,
						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 3 - Facilities › Section 825.4 - Reapplication for or Revocation of Certification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If certification is denied a facility, the Local Mental Health
					 Director may reapply for certification at any time. In addition, prior
					 certifications exempting facilities may be revoked by the Department upon a finding
					 that the facility can reasonably be expected to provide such services and after
					 written notice and opportunity for the facility to respond has been given.
1. New section
					 filed 12-29-78 as an emergency; designated effective 1-1-79 (Register 78, No.
					 52).
2. Certificate of Compliance filed 5-16-79; transmitted to OAH
					 4-24-79 (Register 79, No. 20).
Note: Authority cited: Section
						5151,
						Welfare and Institutions Code. Reference: Section
						5151,
						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 3 - Facilities › Section 829 - Mental Health Treatment Facility. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
					 filed 5-31-79; effective July 1, 1979 (Register 79, No. 22).
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: Sections
						1500 and
						1851, Probate
						Code. Reference: Sections
						1500 and
						1851, Probate Code
						and division 5, part 1, chapter 2 and chapter 3, 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 4 - Conservatorship [Repealed] › Section 830 - Conservatorship. [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 5 - Patients' Rights: Convulsive Treatment and Psychosurgery › Section 835 - General Provision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any person, without regard to where that person is treated,
					 shall have the right to refuse convulsive treatment, insulin coma treatment,
					 prefrontal sonic treatment, and psychosurgery, except as otherwise provided by
					 statute or regulation. In addition, any administration of these treatments or
					 performance of psychosurgery, wherever administered or performed, shall be performed
					 only by a physician licensed to practice in the State of California, and shall be
					 subject to the regulations contained in this Article.
1. New Article 5
					 (Sections 840-845) filed 4-30-74; effective
					 thirtieth day thereafter (Register 74, No. 18).
2. Order of Repeal of
					 Article 5 (Sections
					 840-845) filed 6-3-85 by OAL pursuant to
					 Government Code Section
					 11349.7;
					 effective thirtieth day thereafter (Register 85, No. 26).
3. New Article
					 5 (Sections 835-849, not consecutive) filed 7-26-85;
					 effective thirtieth day thereafter (Register 85, No. 30).
Note: Authority cited: Sections
						5325(g),
						5326.95
						and
						5400,
						Welfare and Institutions Code. Reference: Sections
						5325(f),
						5325.1(i),
						5326.6,
						5326.7,
						5326.75
						and
						5326.85,
						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 - Patients' Rights: Convulsive Treatment and Psychosurgery › Section 836 - Types of Treatment: Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) "Convulsive
				  treatment" is the planned induction of a seizure through electrical or chemical
				  means for therapeutic purposes. When more than one seizure is induced in a single
				  treatment session, each seizure shall be considered a separate treatment for
				  records-keeping and reporting purposes.
(b) "Insulin Coma Treatment" consists of the
				  production of a coma for therapeutic purposes, with or without convulsions, through
				  the intramuscular administration of insulin.
(c) "Psychosurgery" is defined as any of those
				  operations currently referred to as lobotomy, psychiatric surgery, and behavioral
				  surgery and all other forms of brain surgery if the surgery is performed for the
				  purpose of any of the following:
(1) Modification,
				  alteration, or control of thoughts, feelings, actions, or behavior rather than the
				  treatment of a known and diagnosed physical disease of the brain;
(2) Modification or alteration of normal brain
				  function, brain tissue or brain cells in order to modify, alter, or control
				  thoughts, feelings, actions, or behavior; or
(3) Treatment of abnormal brain function, brain
				  tissue or brain cells in order to modify, alter, or control thoughts, feelings,
				  actions, or behavior when the abnormality is not an established cause for those
				  thoughts, feelings, actions, or behavior.
Psychosurgery shall not include surgery for relief of pain
					 caused by physical disease elsewhere in the body.
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 - Patients' Rights: Convulsive Treatment and Psychosurgery › Section 836.1 - Voluntary and Involuntary Patients: Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  "Involuntary patients," for purposes of this Article, include:
(1) Persons involuntarily detained for 72-hour
				  evaluation and treatment under Section
				  5150
				  of the Welfare and Institutions Code;
(2) Persons certified for intensive treatment
				  under Section
				  5250
				  of the Welfare and Institutions Code;
(3) Persons certified for additional intensive
				  treatment as suicidal under Section
				  5260
				  of the Welfare and Institutions Code;
(4) Persons postcertified as a demonstrated danger
				  of substantial physical harm to others under Section
				  5300
				  of the Welfare and Institutions Code;
(5) Persons under temporary or permanent
				  conservatorship or guardianship;
(6)
				  Persons who have been judicially committed, as defined under Section
				  5008.1
				  of the Welfare and Institutions Code. In the event that this Article conflicts with
				  regulations dealing with the developmentally disabled promulgated under Chapter 1
				  (commencing with Section
				  4500) of the Welfare and Institutions
				  Code, the latter statute and regulations shall control.
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 - Patients' Rights: Convulsive Treatment and Psychosurgery › Section 836.2 - Facility: Definition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Facility" includes any health facility, including but not
					 limited to, any health facility as defined in Section
					 1250 of
					 the Health and Safety Code, in which convulsive treatment, insulin coma treatment,
					 prefrontal sonic treatment or psychosurgery is administered or performed.
1. Change without
					 regulatory effect amending NOTE filed 6-6-2016 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2016, No. 24).
Note: Authority cited: Sections
						5326.95,
						5400
						and
						14700,
						Welfare and Institutions Code. Reference: Sections
						5325,
						5326.6,
						5326.7
						and
						5326.75,
						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 - Patients' Rights: Convulsive Treatment and Psychosurgery › Section 837 - Procedures for Insulin Coma and Prefrontal Sonic Treatment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Unless
				  otherwise indicated, all the requirements set forth in statute or regulation for the
				  administration of convulsive treatment shall be followed when insulin coma treatment
				  is administered, or when prefrontal sonic treatment is administered which involves
				  only direct stimulation of brain cells or brain tissue.
(b) Unless otherwise indicated, all the
				  requirements of statute or regulation described for psychosurgery shall be followed
				  when prefrontal sonic treatment is administered and there exists any possibility
				  there will be destruction of brain cells or brain tissue.
1. Editorial
					 correction of subsection (a) (Register 95, No. 43).
Note: Authority cited: Sections
						5325(g),
						5326.95
						and
						5400,
						Welfare and Institutions Code. Reference: Sections
						5326.6,
						5326.7
						and
						5326.75,
						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 - Patients' Rights: Convulsive Treatment and Psychosurgery › Section 838 - Quarterly Reports on Convulsive, Insulin Coma, and Prefrontal Sonic Treatment-Application and Requirement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  reporting requirements of Welfare and Institutions Code Section
				  5326.15
				  shall be applicable to all facilities which administer or perform convulsive
				  treatment, insulin coma treatment, or prefrontal sonic treatment involving only
				  direct stimulation of cells or tissue, and to all physicians who provide these
				  treatments outside health facilities.
(b) Quarterly, any such facility which has
				  performed these treatments during the prior quarter, or which considers such
				  treatment methods a part of the facility's program, shall report to the local mental
				  health director. These reports shall be made regardless of whether or not any of
				  these treatment methods were used during the quarter. Likewise, any physician who
				  considers any of these methods a service that he or she provides, and whose use of
				  the above-mentioned treatment methods is not included in any facility's report, must
				  submit a quarterly report to the local mental health director even if such
				  treatments were not administered during that particular quarter.
(c) Quarterly reports shall be made on a form
				  which shall be issued by the Director of the State Department of Mental Health which
				  shall include all necessary instructions and definitions.
Note: Authority cited: Sections
						5325(g),
						5326.95
						and
						5400,
						Welfare and Institutions Code. Reference: Sections
						5326.1
						and
						5326.15,
						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 - Patients' Rights: Convulsive Treatment and Psychosurgery › Section 838.1 - Quarterly Reports on Psychosurgery

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each facility which performs psychosurgery, or prefrontal sonic
					 treatment involving destruction of cells or tissue, or each physician who performs
					 these treatments outside a facility, shall submit to the local mental health
					 director a quarterly report of all such procedures actually performed during the
					 preceding quarter. The report shall contain, in addition to the data listed in
					 Welfare and Institutions Code Section
					 5326.15,
					 the following information:
(a) Psychiatric
				  diagnosis;
(b) Type of psychosurgery
				  performed;
(c) Date surgery
				  performed;
(d) Complications that arose
				  during or after completing psychosurgery.
Note: Authority cited: Sections
						5326.95
						and
						5400,
						Welfare and Institutions Code. Reference: Section
						5326.15,
						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 - Patients' Rights: Convulsive Treatment and Psychosurgery › Section 838.2 - Failure to Submit Quarterly Reports

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A facility, clinic, or physician who fails to submit the reports
					 as provided in Section
					 838 or
					 838.1, by the 15th of the month
					 following completion of the quarter, shall be notified by the local mental health
					 director of the legal obligation to submit these reports. Failure to comply within
					 15 days after such notification shall be reported to the Director of the State
					 Department of Mental Health who may take any or all of the actions specified in
					 Section
					 5326.9
					 of the Welfare and Institutions Code.
Note: Authority cited: Sections
						5325(g),
						5326.95
						and
						5400,
						Welfare and Institutions Code. Reference: Section
						5326.15,
						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 - Patients' Rights: Convulsive Treatment and Psychosurgery › Section 838.3 - Quarterly Reports to State

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The local mental health director shall transmit copies of all
					 quarterly reports received to the Director of the State Department of Mental Health,
					 or to the office designated by the Director, by the last day of the month following
					 the end of the quarter.
Note: Authority cited: Sections
						5325(g),
						5326.95
						and
						5400,
						Welfare and Institutions Code. Reference: Sections
						5326.1
						and
						5326.15,
						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 - Patients' Rights: Convulsive Treatment and Psychosurgery › Section 839 - Informed Consent for Electroconvulsive Treatment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For
				  purposes of obtaining written informed consent to electroconvulsive treatment, the
				  treating physician shall use the consent form developed by the department. The form
				  entitled "Informed Consent for Electroconvulsive Treatment (ECT) MH 300
				  (11/90)" is the standard written
				  consent form prescribed in section
				  5326.3
				  of the Welfare and Institutions Code.
(b) The oral explanation required by section
				  5326.4
				  of the Welfare and Institutions Code regarding the information contained on the
				  consent form shall be in a language or modality understood by the person giving
				  consent.
1. New section
					 filed 4-12-90; operative 5-12-90 (Register 90, No. 15).
2. Change without
					 regulatory effect revising date of form in subsection (a) filed 3-7-91 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 91, No. 15).
Note: Authority cited: Section
						5326.95,
						Welfare and Institutions Code. Reference: Sections
						5325,
						5326.2,
						5326.3,
						5326.4,
						5326.5,
						5326.6,
						5326.7,
						5326.75 and
						5326.8, Welfare and Institutions.
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 - Patients' Rights: Convulsive Treatment and Psychosurgery › Section 840 - Capacity to Consent or Refuse Consent to Recommended Treatment or Surgery

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A person
				  shall be deemed to have the capacity to consent or to refuse to consent if it is
				  determined that such person has actually understood and can knowingly and
				  intelligently act upon the information specified in Welfare and Institutions Code
				  Section
				  5326.2.
				  Understanding of the potential benefits and risks of the proposed treatment or
				  surgery is the primary factor in determining such capacity to consent or to refuse
				  consent.
(b) A person shall not be
				  deemed to lack capacity to consent or refuse consent solely by virtue of any
				  psychiatric or medical diagnosis.
(c)
				  When Section
				  5326.7(e)
				  of the Welfare and Institutions Code requires that a person's attorney make a
				  determination as to the person's capacity or incapacity to give written informed
				  consent, the attorney shall make an independent judgment of capacity.
Note: Authority cited: Sections
						5325(g),
						5326.95
						and
						5400,
						Welfare and Institutions Code. Reference: Sections
						5326.5,
						5326.7
						and
						5326.75,
						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 - Patients' Rights: Convulsive Treatment and Psychosurgery › Section 841 - Refusal to Consent to Recommended Treatment or Surgery

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If a patient is deemed by the physician to have the capacity to
					 give informed consent, but refuses to do so, the physician shall indicate in the
					 clinical record that the treatment was refused despite the physician's advice, and
					 that he or she has explained to the patient the patient's responsibility for any
					 untoward consequence of the refusal. However, such explanation shall in no case be
					 made in a manner so as to constitute duress or coercion. Transfer of the patient to
					 another facility, loss of hospital privileges or placement in a more restrictive
					 setting may subsequently be justified for medical or psychiatric reasons, but shall
					 not be a direct consequence of the patient's refusal to consent to the proposed
					 treatment.
Note: Authority cited: Sections
						5325(g),
						5326.95
						and
						5400,
						Welfare and Institutions Code. Reference: Sections
						5326.5
						and
						5326.85,
						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 - Patients' Rights: Convulsive Treatment and Psychosurgery › Section 845 - Minors

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Under no
				  circumstances shall psychosurgery or prefrontal sonic treatment be performed on a
				  person under 18 years of age.
(b) The
				  following minors shall be subject to the provisions of Section
				  5326.7
				  of the Welfare and Institutions Code:
(1) persons
				  aged 16 or 17 who are involuntary patients, or who lack verification of capacity to
				  give written informed consent as required by Section
				  5326.75
				  of the Welfare and Institutions Code; and
(2) all persons aged 12, 13, 14, or
				  15.
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 - Patients' Rights: Convulsive Treatment and Psychosurgery › Section 847 - Post-Treatment Review Committees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any
				  facility in which convulsive treatment is performed, whether on a voluntary or an
				  involuntary patient, shall designate a qualified committee of three psychiatrists
				  and/or neurologists knowledgeable about the treatment and its effect to verify the
				  appropriateness and need for such treatment. This committee shall review all
				  convulsive treatments given in that facility on a quarterly basis. If treatments are
				  initiated in a facility, and then continued outside that facility, the physician who
				  continues treatments shall report the total number to the facility. Any such
				  treatments shall be reviewed by the facility's review committee.
(b) For convulsive treatments and insulin coma
				  treatments not included under Subdivision (a), the local mental health director
				  shall establish the post-treatment review committee. This committee shall consist of
				  three psychiatrists and/or neurologists, and shall meet on a quarterly basis to
				  verify the appropriateness and need for such treatment. Records submitted to these
				  committees shall have data identifying the patient deleted, except where disclosure
				  is otherwise authorized by Welfare and Institutions Code Sections
				  5328,
				  et seq.
(c) Refusal by any facility or
				  physician to submit convulsive treatment and insulin coma treatment cases for review
				  shall be reported by the review committees to the Director of the State Department
				  of Mental Health who may take any or all of the actions specified in Section
				  5326.9
				  of the Welfare and Institutions Code.
Note: Authority cited: Sections
						5326.91,
						5326.95
						and
						5400,
						Welfare and Institutions Code. Reference: Section
						5326.91,
						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 - Patients' Rights: Convulsive Treatment and Psychosurgery › Section 849 - Excessive Use of Convulsive Treatment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Convulsive
				  treatments shall be considered excessive if more than 15 treatments are given to a
				  patient within a 30-day period, or a total or more than 30 treatments are given to a
				  patient within a one-year period.
(b)
				  If, in the judgment of the attending physician, more than the above limits are
				  indicated, prior approval must first be obtained from the review committee of the
				  facility or county, whichever is appropriate. (Sections
				  847 and
				  848.) Requests for approval shall
				  include documentation of the diagnosis, the clinical findings leading to the
				  recommendation for the additional treatments, the consideration of other reasonable
				  treatment modalities and the opinion that additional treatments pose less risk than
				  other potentially effective alternatives available for the particular patient at the
				  present time. A maximum number of additional treatments shall be specified. The
				  review committee shall act upon any such request within seven days of its receipt
				  and shall document the maximum number of additional treatments approved. All
				  applicable informed consent procedures shall also be followed.
Note: Authority cited: Sections
						5326.95
						and
						5400,
						Welfare and Institutions Code. Reference: Section
						5326.95,
						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 850 - Refusal of Antipsychotic Medications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Every person admitted as a voluntary patient for psychiatric
					 evaluation or treatment in any facility as listed in Section
					 860 of this subchapter has the right to
					 refuse the administration of antipsychotic medications.
A voluntary patient for purposes of this article does not
					 include:
(a) voluntary minor patients
				  unless such minor is otherwise authorized by law to seek and consent to treatment
				  for mental illness, nor
(b) conservatees
				  (as defined by Section
				  5350 et seq. of the Welfare and
				  Institutions Code, i.e., "L-P-S conservatees") whose conservators have been given
				  the right to require their conservatees to receive treatment related specifically to
				  remedying or preventing the recurrence of the conservatees' being gravely
				  disabled.
1. New Article
					 5.5 (Sections 850-857) filed 3-6-80; designated
					 effective 6-1-80 (Register 80, No. 10).
2. 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,
						5358,
						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 851 - Informed Consent to Antipsychotic Medications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A voluntary patient shall be treated with antipsychotic
					 medications only after such person has been informed of his or her right to accept
					 or refuse such medications and has consented to the administration of such
					 medications. In order to make an informed decision, the patient must be provided
					 with sufficient information by the physician prescribing such medications (in the
					 patient's native language, if possible) which shall include the following:
(a) The nature of the patient's mental
				  condition,
(b) The reasons for taking
				  such medication, including the likelihood of improving or not improving without such
				  medication, and that consent, once given, may be withdrawn at any time by stating
				  such intention to any member of the treating staff,
(c) The reasonable alternative treatments
				  available, if any,
(d) The type, range
				  of frequency and amount (including use of PRN orders), method (oral or injection),
				  and duration of taking the medications,
(e) The probable side effects of these drugs known
				  to commonly occur, and any particular side effects likely to occur with the
				  particular patient,
(f) The possible
				  additional side effects which may occur to patients taking such medication beyond
				  three months. The patient shall be advised that such side effects may include
				  persistent involuntary movement of the face or mouth and might at times include
				  similar movement of the hands and feet, and that these symptoms of tardive
				  dyskinesia are potentially irreversible and may appear after medications have been
				  discontinued.
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
						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 852 - Maintenance of Records

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For each patient receiving antipsychotic medications, the
					 facility shall maintain a written record of the patient's decision to consent to
					 such medications.
That written record shall be a written consent form signed by
					 the patient indicating that items (a) through (f) of Section
					 851 have been discussed with the patient
					 by the prescribing physician.
In the event that the patient has been shown but does not wish
					 to sign the written consent form, it shall be sufficient for the physician to place
					 the unsigned form in the patient's records maintained by the facility together with
					 the notation that while the patient understands the nature and effect of
					 antipsychotic medications and consents to the administration of such medications,
					 the patient does not desire to sign a written consent form.
1. Editorial
					 correction of NOTE filed 10-26-82 (Register 82, No. 44).
2. Governor
					 Newsom issued Executive Order N-55-20 (2019 CA EO 55-20), dated April 22, 2020,
					 which suspended certain provisions preventing patients from obtaining psychiatric
					 medication without a physical signature, due to the COVID-19 pandemic.
Note: Authority cited: Sections
						5325
						and
						5326.95,
						Welfare and Institutions Code. Reference: Sections
						5325
						and
						5325.1,
						Welfare and Institutions Code.