reglab/statecodes huggingface dataset:
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 9 - Psychiatric Health Facilities › Article 3 - Services › Section 77079.6 - Pharmaceutical Services-Drug Order Processing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Signed orders for drugs shall be transmitted to the issuing
					 pharmacy within 48 hours, either by written prescription of the prescriber or
					 by an order form which produces a direct copy of the order or by an
					 electronically reproduced facsimile.
1. New
					 section filed 4-15-87, operative 5-15-87 (Register 87, No.
					 16).
Note: Authority cited: Sections
						208(a)
						and
						1275,
						Health and Safety Code. Reference: Section
						1275.1,
						Health and Safety Code; Sections
						650
						and
						651,
						Business and Professions Code.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 9 - Psychiatric Health Facilities › Article 3 - Services › Section 77079.7 - Pharmaceutical Services-Drug Order Records

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Facilities shall maintain a record which includes, for each
					 drug ordered by prescription, the name of the patient, the drug name, and
					 strength, the date ordered, the date and amount received and the name of the
					 issuing pharmacy. The records shall be kept at least one
					 year.
1. New
					 section filed 4-15-87, operative 5-15-87 (Register 87, No.
					 16).
Note: Authority cited: Sections
						208(a)
						and
						1275,
						Health and Safety Code. Reference: Section
						1275.1,
						Health and Safety Code; Sections
						650
						and
						651,
						Business and Professions Code.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 9 - Psychiatric Health Facilities › Article 3 - Services › Section 77079.8 - Pharmaceutical Services-Personal Medications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Medications brought by or with the
				  patient on admission to the facility shall not be used unless the contents of
				  the containers have been examined and positively identified after admission by
				  the patient's physician or a pharmacist retained by the facility.
(b) The facility may use drugs transferred
				  from other licensed health facilities or those drugs dispensed or obtained
				  after admission from any licensed or governmental pharmacy and may accept the
				  delivery of those drugs by any agent of the patient or pharmacy without the
				  necessity of identification by a physician or pharmacist.
1. New
					 section filed 4-15-87, operative 5-15-87 (Register 87, No.
					 16).
Note: Authority cited: Sections
						208(a)
						and
						1275,
						Health and Safety Code. Reference: Section
						1275.1,
						Health and Safety Code; Sections
						650
						and
						651,
						Business and Professions Code.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 9 - Psychiatric Health Facilities › Article 3 - Services › Section 77079.9 - Pharmaceutical Services-Controlled Drugs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Drugs listed in Schedules II, III and IV
				  of the Federal Comprehensive Drug Abuse Prevention and Control Act of 1970,
				  Title 21, United States Code, Section
				  801
et seq.
shall
				  not be accessible to other than licensed nursing, pharmacy and medical
				  personnel designated by the licensee. Drugs listed in Schedule II of the above
				  Act shall be stored in a locked cabinet or a locked drawer separate from
				  noncontrolled drugs unless they are supplied on a scheduled basis as part of a
				  unit dose medication system.
(b)
				  Separate records of use shall be maintained on all Schedule II drugs. Such
				  records shall be maintained accurately and shall include the name of the
				  patient, the prescription number, the drug name, strength and dose
				  administered, the date and time of administration and the signature of the
				  person administering the drug. Such records shall be reconciled at least daily
				  and shall be retained at least one year. If such drugs are supplied on a
				  scheduled basis as part of a unit dose medication system, such records need not
				  be maintained separately.
(c) Drug
				  records shall be maintained for drugs listed in Schedules III and IV of the
				  above Act in such a way that the receipt and disposition of each dose of any
				  such drug may be readily traced. Such records need not be separate from other
				  medication records.
1. New
					 section filed 4-15-87; operative 5-15-87 (Register 87, No.
					 16).
Note: Authority cited: Sections
						208(a)
						and
						1275,
						Health and Safety Code. Reference: Section
						1275.1,
						Health and Safety Code; Sections
						650
						and
						651,
						Business and Professions Code.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 9 - Psychiatric Health Facilities › Article 3 - Services › Section 77079.10 - Pharmaceutical Services-Disposition of Drugs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Drugs which have been dispensed for
				  individual patient use and are labeled in conformance with state and federal
				  law for outpatient use shall be furnished to patients on discharge on the order
				  of a physician. If the discharge orders do not include provisions for drug
				  disposition, drugs shall be furnished to patients unless:
(1) A physician's order specifies otherwise
				  or,
(2) The patient leaves or is
				  discharged without a physician's order or approval or,
(3) The patient is discharged to a general
				  acute care hospital or acute psychiatric hospital, or
(4) The drug was discontinued prior to
				  discharge or,
(5) The labeled
				  directions for use are not substantially the same as most current orders for
				  the drug in the patient's health record.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 9 - Psychiatric Health Facilities › Article 3 - Services › Section 77079.11 - Pharmaceutical Services-Medication Distribution System

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In facilities utilizing a unit dose
				  medication system, there shall be at least a 24-hour supply of all patient
				  medications on hand at all times, except those drugs which are to be
				  discontinued within the 24-hour period. Drugs that are a part of a unit dose
				  medication system shall not exceed a 48-hour supply.
(b) Facilities may utilize a floor stock
				  medication system in lieu of a unit dose medication system.
1. New
					 section filed 4-15-87; operative 5-15-87 (Register 87, No. 16).
2.
					 Amendment of section heading, section and NOTE filed 5-7-99; operative 6-6-99
					 (Register 99, No. 19).
Note: Authority cited: Section
						1275,
						Health and Safety Code. Reference: Section
						1275.1,
						Health and Safety Code; Sections
						650
						and
						651,
						Business and Professions Code.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 9 - Psychiatric Health Facilities › Article 3 - Services › Section 77079.12 - Pharmaceutical Services-Staff

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Facilities shall retain a consulting
				  pharmacist who devotes a sufficient number of hours during a regularly
				  scheduled visit, for the purpose of coordinating, supervising and reviewing the
				  pharmaceutical service at least quarterly. The report shall include a log or
				  record of time spent in the facility. There shall be a written agreement
				  between the pharmacist and the facility which includes the duties and
				  responsibilities of both.
(b) A
				  pharmacist shall review the drug regimen of each patient at least monthly and
				  prepare appropriate reports. The review of the drug regimen of each patient
				  shall include all drugs currently ordered, information concerning the patient's
				  condition relating to drug therapy, medication administration records, and
				  where appropriate, physician's progress notes, nurse's notes, and laboratory
				  test results. The pharmacist shall be responsible for reporting, in writing,
				  irregularities in the dispensing and administration of drugs and other matters
				  relating to the review of the drug regimen to the clinical director and the
				  director of nursing service.
1. New
					 section filed 4-15-87; operative 5-15-87 (Register 87, No.
					 16).
Note: Authority cited: Sections
						208(a)
						and
						1275,
						Health and Safety Code. Reference: Section
						1275.1,
						Health and Safety Code; Sections
						650
						and
						651,
						Business and Professions Code.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 9 - Psychiatric Health Facilities › Article 3 - Services › Section 77079.13 - Pharmaceutical Services-Equipment and Supplies

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) There shall be adequate equipment and
				  supplies necessary for the provision of pharmaceutical services within the
				  facility including at least the following:
(1) Refrigerator with an accurate
				  thermometer.
(2) Lockable drug
				  cabinets, drawers, closets or rooms.
(3) Drug service trays and/or
				  carts.
(4) Drug preparation counter
				  area and convenient water source.
(5) Reference materials containing drug
				  monographs on all drugs in use in the facility. Such monographs shall include
				  information concerning generic and brand names, if applicable, available
				  strengths, and dosage forms and pharmacological data including indications and
				  side effects.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 9 - Psychiatric Health Facilities › Article 4 - Administration › Section 77081 - Governing Body

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The governing body shall:
(a) Assure that all services including care
				  and treatment provided to patients, is adequate and safe at all
				  times.
(b) Establish and implement
				  written bylaws in accordance with legal requirements and its responsibility to
				  the community and to the patients served which shall include, but not be
				  limited to, provisions for:
(1)
				  Identification of the purposes of the facility and the means of fulfilling
				  them.
(2) Ensuring the fitness,
				  adequacy and quality of the clinical and medical care rendered.
(3) The appointment and reappointment of
				  clinical staff who provide treatment, care and consultation to patients in the
				  facility.
(4) Approval of policies
				  and procedures for appropriate practices to be observed in the facility. In
				  this connection, the practice of division of fees, under any guise whatsoever,
				  shall be prohibited and any such division of fees shall be cause for exclusion
				  from the staff.
(5) Identification
				  of the requirements for health and treatment records.
(6) Requiring the interdisciplinary staff to
				  establish controls that are designed to ensure the achievement and maintenance
				  of high standards of professional ethical practices.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 9 - Psychiatric Health Facilities › Article 4 - Administration › Section 77083 - Organized Clinical Staff

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The organized clinical staff shall be
				  composed of all licensed mental health professionals as included in Section
				  77012 or other licensed
				  practitioners who have admitting and/or treatment privileges in the facility
				  and shall be responsible for the following:
(1) A formal peer review process which, in
				  order to improve the quality of care, will review and evaluate the adequacy,
				  appropriateness, and effectiveness of the care and treatment planned for, or
				  provided to, facility patients.
(2)
				  In conjunction with the pharmacist's monthly drug regimen review, a medication
				  monitoring system that will assess the prescribing practices of the
				  professional staff of the facility with respect to appropriateness and cost
				  effectiveness of the medications ordered for the patients of the facility. The
				  medication monitoring requirements specified in this subsection shall include
				  findings of the pharmacist's monthly drug regimen review.
(3) A utilization review program which shall
				  be a system of policies and procedures designed to ascertain and assure the
				  clinical necessity of acute inpatient psychiatric services for patients using
				  the facility.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 9 - Psychiatric Health Facilities › Article 4 - Administration › Section 77089 - Affiliation with General Acute Care Hospitals

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All facilities shall have a current
				  written agreement for medical services with one or more general acute care
				  hospitals and shall maintain a current copy of such agreements for review by
				  the Department. The agreements shall include, but not be limited to:
(1) Whether the general acute care hospital
				  agrees to medically screen and conduct physical examinations of patients for
				  admission to the psychiatric health facility and the procedure by which such
				  screening and examination will be provided.
(2) The procedure for patient transfer from
				  the psychiatric health facility to the hospital for inpatient medical or
				  psychiatric care.
(3) The
				  availability of medical services for patients of the psychiatric health
				  facility, and the procedure by which such service will be provided.
(4) The specific means by which patients who
				  require such medical services will be transported to the hospital or medical
				  facility.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 9 - Psychiatric Health Facilities › Article 4 - Administration › Section 77091 - Administrator of Business and Support Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each facility shall have an administrator
				  who has primary responsibility for business and support services for the
				  clinical program.
(b) The
				  administrator shall have direct access to the clinical director for the purpose
				  of communicating the status of business and support services of the psychiatric
				  health facility.
1. New
					 section filed 4-15-87, operative 5-15-87 (Register 87, No. 16).
2.
					 Repealer and new subsection (b) and amendment of NOTE filed 5-7-99; operative
					 6-6-99 (Register 99, No. 19).
Note: Authority cited: Section
						1275,
						Health and Safety Code. Reference: Sections
						1275.1
						and
						1276.1,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 9 - Psychiatric Health Facilities › Article 4 - Administration › Section 77093 - Clinical Director

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Each facility shall have a clinical director who shall direct the clinical
				  program, provide general direction to professional and non-professional staff,
				  and be responsible for the quality of clinical services performed in the
				  facility. The clinical director shall be a licensed mental health professional.
				  The clinical director shall have at least three years of post-graduate direct
				  clinical experience with the mentally disordered.
(b) When the clinical director is part of the
				  overall structure of a county mental health program, the county organization
				  chart must show a line of reportability to the director of mental
				  health.
1. New
					 section filed 4-15-87, operative 5-15-87 (Register 87, No. 16).
2.
					 Repealer and new subsection (b) and amendment of NOTE filed 5-7-99; operative
					 6-6-99 (Register 99, No. 19).
Note: Authority cited: Section
						1275,
						Health and Safety Code. Reference: Sections
						1275.1
						and
						1276.1,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 9 - Psychiatric Health Facilities › Article 4 - Administration › Section 77097 - Interdisciplinary Treatment Team

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The interdisciplinary treatment team
				  shall be composed of those persons who work directly with the patient in each
				  of the professions, disciplines or service areas that provide service to the
				  patient, including direct treatment staff, the patient's attending or
				  consulting psychiatrist, the clinical psychologist, the licensed nurse or the
				  psychiatric technician, the clinical director, or the clinical director's
				  designee and any other persons whose participation is relevant to the treatment
				  and care of the patient. The interdisciplinary treatment team shall be chaired
				  by the admitting practitioner for each patient.
(b) The interdisciplinary treatment team
				  shall be responsible for the development and implementation of the patient's
				  individual treatment plan in consultation with the patient and members of the
				  patient's family pursuant to Welfare and Institutions Code, Section
				  5328.
1. New
					 section filed 4-15-87, operative 5-15-87 (Register 87, No.
					 16).
Note: Authority cited: Sections
						208(a)
						and
						1275,
						Health and Safety Code. Reference: Section
						1275.1,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 9 - Psychiatric Health Facilities › Article 4 - Administration › Section 77099 - Patients' Rights

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  governing body shall adopt and implement written policies regarding patients'
				  rights to ensure compliance with Sections
				  5325,
				  5325.1,
				  5326,
				  5326.1,
				  5326.9,
				  5326.95
				  and
				  5520
				  through
				  5550
				  of the Welfare and Institutions Code.
(b) A list of these patients' rights shall be
				  posted in English and in the predominant language of the community, if other
				  than English, in appropriate places within the psychiatric health facility so
				  that such rights may be read by patients.
1. New
					 section filed 4-15-87, operative 5-15-87 (Register 87, No.
					 16).
Note: Authority cited: Sections
						208(a)
						and
						1275,
						Health and Safety Code. Reference: Section
						1275.1,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 9 - Psychiatric Health Facilities › Article 4 - Administration › Section 77101 - Types of Restraints and Seclusion

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) No physical restraints with locking
				  devices shall be used or be available for use in the facility unless approved
				  by the State Fire Marshal.
(b)
				  Seclusion as defined in Section
				  77029 is considered to be a
				  physical restraint.
(c) Exclusion
				  timeout as defined in Section
				  77010 is considered to be a
				  physical restraint.
(d) Treatment
				  restraint, as defined in Section
				  77033, shall be accomplished by a
				  soft tie only, so as not to cause harm to the patient and shall only be used
				  during medically prescribed treatment or diagnostic procedures.
1. New
					 section filed 4-15-87, operative 5-15-87 (Register 87, No.
					 16).
Note: Authority cited: Sections
						208(a)
						and
						1275,
						Health and Safety Code. Reference: Section
						1275.1,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 9 - Psychiatric Health Facilities › Article 4 - Administration › Section 77103 - Behavioral Restraint and Seclusion

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Behavioral restraint and seclusion shall
				  only be used as a measure to protect the patient from injury to self or
				  others.
(b) Behavioral restraint
				  and seclusion shall only be used upon a physician's or clinical psychologist's
				  written or verbal order, except under emergency circumstances. Under emergency
				  circumstances behavioral restraint may be applied and then an order obtained as
				  soon as possible, but at least within one hour of application. Telephone orders
				  shall be received only by authorized professional staff, shall be recorded
				  immediately in the patient's health record and, within twenty-four (24) hours,
				  weekends and holidays excepted, signed by the prescriber.
(c) Behavioral restraint and seclusion shall
				  not be used as punishment or as a substitute for more effective programming or
				  for the convenience of the staff.
(d) Orders for behavioral restraint and
				  seclusion shall be in force for not longer than 24 hours.
(e) There shall be no PRN orders (as needed
				  orders) for behavioral restraint and seclusion.
(f) Patients in restraint shall remain in
				  staffs' line of vision and shall be afforded protection from other patients who
				  may be in the area.
(g) A patient
				  placed in behavioral restraint or seclusion shall be checked at least every 15
				  minutes by professional staff to assure that the restraint remains properly
				  applied or that the patient has not harmed him/herself. A written record shall
				  be kept of these checks and maintained in the individual patient's health
				  record.
(h) Regular range of motion
				  exercise of at least ten (10) minutes every two (2) hours shall be provided to
				  restrained patients. When range of motion is contraindicated, a physician or a
				  psychologist shall document the reason in the patient's record.
(i) Behavioral and treatment restraints shall
				  be utilized only with patients being treated pursuant to Sections
				  5150 et seq. of the Welfare and
				  Institutions Code or who are judicially committed.
1. New
					 section filed 4-15-87, operative 5-15-87 (Register 87, No. 16).
2.
					 New subsections (h) and (i) and amendment of NOTE filed 5-7-99; operative
					 6-6-99 (Register 99, No. 19).
Note: Authority cited: Section
						1275,
						Health and Safety Code. Reference: Section
						1275.1,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 9 - Psychiatric Health Facilities › Article 4 - Administration › Section 77104 - Postural Supports

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Facilities shall have written policies and procedures concerning the use of
				  postural supports.
(b) Postural
				  supports shall be designed and applied for speedy removal in case of
				  emergency.
(c) Postural supports
				  shall be designed and applied:
(1) Under the
				  supervision of a physical or occupational therapist.
(2) In accordance with principles of proper
				  body alignment, with concern for circulation and allowance for change of
				  position.
(3) To improve a
				  patient's mobility and independent functioning.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 9 - Psychiatric Health Facilities › Article 4 - Administration › Section 77105 - Clinical Research

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Prior to implementing any research projects involving human
					 subjects that were not approved with the initial program plan, a supplemental
					 patient care program plan shall be submitted to the Department of Health Care
					 Services for approval or denial. All research projects involving human subjects
					 shall meet the requirements of all applicable state and federal laws and
					 regulations.
1. New
					 section filed 4-15-87, operative 5-15-87 (Register 87, No. 16).
2.
					 Change without regulatory effect amending section and NOTE filed 11-16-2020
					 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2020, No. 47).
Note: Authority cited: Sections
						1254,
						1275
						and
						1275.5,
						Health and Safety Code; and Sections
						4080
						and
						10725,
						Welfare and Institutions Code. Reference: Sections
						1254
						and
						1275.1,
						Health and Safety Code; and Section
						4080,
						Welfare and Institutions Code.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 9 - Psychiatric Health Facilities › Article 4 - Administration › Section 77107 - Education of Patients

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
When patients of school age, between the ages of 6 to 18,
					 are expected to remain in the facility for 30 days or more, the facility shall
					 arrange for appropriate educational services pursuant to Sections
					 48200 and
					 48400 of
					 the Education Code and the applicable federal regulations.
1. New
					 section filed 4-15-87, operative 5-15-87 (Register 87, No.
					 16).
Note: Authority cited: Sections
						208(a)
						and
						1275,
						Health and Safety Code. Reference: Section
						1275.1,
						Health and Safety Code
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 9 - Psychiatric Health Facilities › Article 4 - Administration › Section 77109 - Use of Outside Resources

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  If a facility does not employ qualified personnel to render a specific service
				  to be provided by the facility, there shall be arrangements through a written
				  agreement and/or contract with outside resources. Outside resources shall meet
				  the standards and requirements of these and all other applicable regulations
				  before an agreement and/or contract may be entered into and shall continue to
				  meet these and all other applicable regulations during the term of the
				  agreement and/or contract. Outside resources may include other facilities,
				  organizations, individuals or public or private agencies.
(b) Signed and dated copies of agreements,
				  contracts or written arrangements for advice, consultation, services, training
				  or transportation, with outside resources shall be on file in the facility.
				  These agreements and/or contracts shall be readily available for inspection and
				  review by the Department. The agreements and/or contracts shall include, but
				  not be limited to, a description of the services to be provided, the financial
				  arrangements, the methods by which the services are to be provided, and the
				  conditions upon which the agreement or contract can be terminated.
(c) The governing body shall be responsible
				  and accountable for all services provided by agreements and/or
				  contracts.
1. New
					 section filed 4-15-87, operative 5-15-87 (Register 87, No.
					 16).
Note: Authority cited: Sections
						208(a)
						and
						1275,
						Health and Safety Code. Reference: Section
						1275.1,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 9 - Psychiatric Health Facilities › Article 4 - Administration › Section 77111 - Nondiscrimination Policies

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  No facility that receives any financial assistance from the State of California
				  shall discriminate against or deny admission to any person, otherwise
				  qualified, based on sex, age, race, color, religion, ancestry or national
				  origin, or physical or mental handicap. Facility policies shall so state and
				  apply to the appointment of the treatment staff, hiring of facility employees
				  and the admission, housing and treatment of patients. While a facility may not
				  discriminate against any group identified in this section, the facility may not
				  admit a minor for whom it cannot provide protection from adult patients,
				  appropriate treatment and educational services when applicable. No facility may
				  admit a minor into the same treatment ward with adults as defined in Section
				  5751.7,
				  Welfare and Institutions Code.
(b)
				  Any bona fide nonprofit religious, fraternal or charitable organization, which
				  can demonstrate to the satisfaction of the Department that its primary or
				  substantial purpose is not to evade this section, may establish admission
				  policies limiting or giving preference to its own members or adherents. Such
				  policies shall not be construed as a violation of (a) above. Any admission of
				  nonmembers or nonadherents shall be subject to (a) above.
(c) Facilities shall comply with the
				  Americans with Disabilities Act (ADA),
				  Public Law
				  101-336 of 1990 (42 U.S.C. §
											12101 et seq.) which guarantees equal
				  opportunity for persons with disabilities.
1. New
					 section filed 4-15-87, operative 5-15-87 (Register 87, No. 16).
2.
					 Amendment of subsection (a), new subsection (c) and amendment of NOTE filed
					 5-7-99; operative 6-6-99 (Register 99, No. 19).
Note: Authority cited: Section
						1275,
						Health and Safety Code. Reference: Sections
						1270
						and
						1275.1,
						Health and Safety Code; and Section
						5751.7,
						Welfare and Institutions Code.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 9 - Psychiatric Health Facilities › Article 4 - Administration › Section 77113 - Admission Policies

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Each facility shall have and implement written admission and discharge policies
				  encompassing which licensed health professionals may admit patients, the types
				  of diagnoses for which patients may be admitted, limitations imposed by law or
				  licensure, staffing limitations, rules governing emergency admissions, policies
				  concerning advance deposits, rates of charge for care, charges for extra
				  services, limitations of services, termination of services, refund policies,
				  insurance agreements and other financial considerations, discharge of patients
				  and other relevant functions. These policies shall be made available to
				  patients or their agents upon admission and upon request, and shall be made
				  available to the public upon request.
(1)
				  Only persons diagnosed with major mental disorders are to be treated in
				  psychiatric health facilities.
(2)
				  Psychiatric health facilities shall not admit and treat patients with the
				  primary diagnosis of an eating disorder as defined in Section
				  1254.5(b)
				  of the California Health and Safety Code.
(3) Psychiatric health facilities shall not
				  admit and treat patients when the primary diagnosis is chemical dependency,
				  chemical intoxication or chemical withdrawal.
(4) Individuals with major mental disorders
				  shall not be admitted to a psychiatric health facility if their treatment
				  requires medical interventions beyond the level appropriate to a psychiatric
				  health facility, including:
(A)
				  detoxification from substance abuse,
(B) treatment for substance induced
				  delirium.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 9 - Psychiatric Health Facilities › Article 4 - Administration › Section 77115 - Written Administrative Policies

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Written administrative policies and
				  procedures for services provided shall be developed and implemented by
				  appropriate staff members. These policies and procedures shall be reviewed and
				  approved at least annually by the clinical director and
				  administrator.
(b) The facility
				  shall have policies and procedures for the provision of first aid and life
				  saving measures that shall be implemented in emergency situations.
(c) The facility shall have a policy which
				  shall ensure the obtaining of the patient's written consent prior to
				  photographing that patient.
(d)
				  Each facility shall adopt and implement written policies and procedures to
				  properly manage outbreaks or prevalence of infectious and communicable disease
				  whether or not such disease is required to be reported by Title 17, California
				  Administrative Code, Section
				  2500.
1. New
					 section filed 4-15-87, operative 5-15-87 (Register 87, No.
					 16).
Note: Authority cited: Sections
						208(a)
						and
						1275,
						Health and Safety Code. Reference: Section
						1275.1,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 9 - Psychiatric Health Facilities › Article 4 - Administration › Section 77117 - Personnel Policies

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Each facility shall adopt and implement written personnel policies concerning
				  qualifications, responsibilities and conditions of employment for each
				  classification employed which shall be available to all personnel. Such
				  policies shall include but not be limited to:
(1) Hours of work.
(2) A plan for orientation for all new staff
				  members that shall ensure that all new staff providing program services shall
				  receive at least 20 hours of orientation and training within 60 days of
				  employment. Staff attendance shall be documented. Initial training shall
				  include, but not be limited to, the following:
(A) Orientation to all policies, procedures
				  and objectives of the facility.
(B)
				  Orientation to special needs of the mentally disordered.
(C) Orientation to overall concepts of
				  programs to meet the special needs of the mentally disordered.
(D) Orientation and training in specific
				  program techniques being used in the facility to meet the identified program
				  needs of the patients.
(3) A plan for at least annual evaluation of
				  employee performance.
(4) A plan to
				  conduct a background investigation, including previous employment and criminal
				  background information, on prospective employees.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 9 - Psychiatric Health Facilities › Article 4 - Administration › Section 77119 - Employee Personnel Records

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All facilities shall maintain personnel
				  records of all employees. Such records shall be retained for at least three
				  years following termination of employment.
(b) The record shall include the employee's
				  full name, Social Security number, the license of registration number, if any,
				  brief resume of experience, employment classification, date of beginning
				  employment and date of termination of employment.
(c) Records of hours and dates worked by all
				  employees during at least the most recent six-month period shall be kept on
				  file at the place of employment.
1. New
					 section filed 4-15-87, operative 5-15-87 (Register 87, No.
					 16).
Note: Authority cited: Sections
						208(a)
						and
						1275,
						Health and Safety Code. Reference: Section
						1275.1,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 9 - Psychiatric Health Facilities › Article 4 - Administration › Section 77121 - Employee Health Examinations and Health Records

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A health examination, performed by a
				  person lawfully authorized to perform such an examination shall be performed as
				  a prerequisite for employment within six months prior to employment or within
				  one week after employment. Written examination reports, signed by the person
				  performing the examination, shall verify that employees are able to perform
				  assigned duties and do not have any health condition that would create a hazard
				  for the employee, fellow employees, patients or visitors.
(b) The initial health examination shall
				  include a tuberculosis screening test consisting of a purified protein
				  derivative intermediate strength intradermal skin test and a chest X-ray if the
				  skin test is positive. The facility shall establish a policy regarding
				  subsequent health examinations and tuberculosis screening test based on an
				  assessment of the following:
(1) The risk of
				  a previously infected person developing tuberculosis and then possibly
				  infecting others.
(2) The risk of a
				  non-infected person becoming infected and developing a
				  disease.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 9 - Psychiatric Health Facilities › Article 4 - Administration › Section 77123 - Equipment and Supplies

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Equipment and supplies adequate in quality and quantity
					 shall be available as necessary to provide patient services related to the
					 scope and nature of the services offered.
1. New
					 section filed 4-15-87, operative 5-15-87 (Register 87, No.
					 16).
Note: Authority cited: Sections
						208(a)
						and
						1275,
						Health and Safety Code. Reference: Section
						1275.1,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 9 - Psychiatric Health Facilities › Article 4 - Administration › Section 77125 - Advertising

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) No facility
				  shall make or disseminate any false or misleading statement, or advertise by
				  any manner or means any false or misleading claims regarding services provided
				  by the facility.
(b) No facility
				  shall allow false or misleading claims regarding services provided by the
				  facility to be made by a third party or entity on behalf of the
				  facility.
(c) No facility shall
				  allow the use of its name or logo to be used in advertising by third
				  parties.
1. New
					 section filed 4-15-87, operative 5-15-87 (Register 87, No. 16).
2.
					 New subsection (a) designator, new subsections (b) and (c) and amendment of
					 NOTE filed 5-7-99; operative 6-6-99 (Register 99, No.
					 19).
Note: Authority cited: Section
						1275,
						Health and Safety Code. Reference: Section
						1275.1,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 9 - Psychiatric Health Facilities › Article 4 - Administration › Section 77127 - Records and Reports

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Each facility shall maintain copies of the following applicable documents on
				  file in the facility.
(1) Articles of
				  incorporation or partnership agreement.
(2) Bylaws and rules and regulations of the
				  governing body.
(3) Bylaws and
				  rules and regulations of all staff including medical, professional and other
				  staff.
(4) Minutes of the meetings
				  of the governing body, medical and professional staff.
(5) Reports of inspections by local, state
				  and federal agencies.
(6) All
				  contracts, leases and other agreements required by these regulations.
(7) Patient admission roster.
(8) Reports of unusual occurrences for the
				  preceding three years.
(9)
				  Personnel records, including credential files.
(10) Policy manuals.
(11) Procedure manuals.
(12) Any other records deemed necessary by
				  the Department for the direct enforcement of these
				  regulations.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 9 - Psychiatric Health Facilities › Article 4 - Administration › Section 77129 - Fire and Internal Disasters

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A written fire and internal disaster
				  program, incorporating evacuation procedures, shall be developed with the
				  assistance of local fire, safety and other appropriate experts. A copy of the
				  program shall be available on the premises for review by the
				  Department.
(b) The written program
				  shall be implemented in the event of a fire or internal disaster and shall
				  include but not be limited to the following:
(1) Plans for the assignment of personnel to
				  specific tasks and responsibilities.
(2) Instructions relating to the use of alarm
				  systems and signals.
(3)
				  Information concerning methods of fire containment.
(4) Systems for notification of appropriate
				  persons.
(5) Information concerning
				  the location of fire fighting equipment.
(6) Identification of evacuation routes and
				  procedures.
(7) Other provisions as
				  the local situation dictates.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 9 - Psychiatric Health Facilities › Article 4 - Administration › Section 77131 - Fire Safety

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All facilities shall be maintained in conformity with the
					 regulations adopted by the State Fire Marshal for the prevention of fire and
					 for the protection of life and property against fire and panic. All facilities
					 shall secure and maintain a clearance relative to fire safety from the State
					 Fire Marshal.
1. New
					 section filed 4-15-87, operative 5-15-87 (Register 87, No.
					 16).
Note: Authority cited: Sections
						208(a)
						and
						1275,
						Health and Safety Code. Reference: Section
						1275.1,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 9 - Psychiatric Health Facilities › Article 4 - Administration › Section 77133 - Disruption of Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Each facility shall develop a written plan to be implemented when a
				  discontinuance or disruption of service occurs.
(b) The clinical director shall be
				  responsible for informing the Department, via telephone, telegraph or emergency
				  radio network, immediately upon being notified of the intent of the
				  discontinuance or disruption of services or upon the threat of a walkout of a
				  substantial number of employees, or upon occurrence of earthquake, fire, power
				  outage or other calamity that causes damage to the facility or threatens the
				  safety or welfare of patients.
1. New
					 section filed 4-15-87, operative 5-15-87 (Register 87, No.
					 16).
Note: Authority cited: Sections
						208(a)
						and
						1275,
						Health and Safety Code. Reference: Section
						1275.1,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 9 - Psychiatric Health Facilities › Article 4 - Administration › Section 77135 - Patients with Reportable Communicable Disease, Physical Illness or Physical Injury

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Reportable communicable diseases:
(1) Persons
				  with a communicable disease that is required to be reported by Title 17,
				  California Code of Regulations, Section
				  2500, shall not be admitted to the
				  facility.
(2) A patient who after
				  admission is diagnosed as having a reportable communicable disease or being a
				  carrier shall be promptly transferred to a facility capable of accommodating
				  such patients.