California Administrative Code

Treatment restraint means the use of a restraining device during medically prescribed treatment or diagnostic procedures such as, but not limited to, intravenous therapy, tube feeding or catheterization.

Unit patient health record means a patient's health record that contains, in one file, all records of inpatient and outpatient care and treatment rendered to a patient by the facility.

The facility may provide services to patients either directly or by written agreement with outside resources as specified in Section 77109.

(a) The facility shall have a clinical director who shall be a licensed mental health professional and qualified in accordance with Section 77093 of these regulations. (b) The clinical director may also serve as the administrator. (c) The clinical director shall designate a clini…

(a) Psychiatric services shall be provided by licensed physicians with training and/or experience in psychiatry. (b) Psychological services shall be provided by clinical psychologists in accordance with Business and Professions Code, Section 2903 and Health and Safety Code, Secti…

(a) Psychiatric nursing services shall be designed to meet the objectives of each patient's interdisciplinary treatment plan. (b) Policies and procedures for the administration of medications shall be implemented by the psychiatric nursing service. (c) Nursing services shall incl…

(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 t…

(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 t…

(a) Pharmaceutical service shall include, but not be limited to, the following: (1) Obtaining necessary drugs including the availability of 24-hour prescription service on a prompt and timely basis as follows: (A) Drugs ordered “Stat” that are not available in the facility emerge…

“Consultant” means a qualified person who gives professional advice or service, with or without remuneration.

(a) No drugs shall be administered except upon the order of a person lawfully authorized to prescribe for and treat human illness. (b) All drug orders shall be written, dated, timed and signed by the person lawfully authorized to give such an order. The name, quantity or specific…

(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 ser…

(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 i…

(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 cir…

(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 phys…

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…

(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 co…

(a) Unusual occurrences shall be reported by the facility, within 24 hours, either by telephone with written confirmation, or by telegraph to the county mental health director and the Department. (b) An unusual occurrence report shall be retained on file by the facility for three…

(a) The hearing officer's primary function shall be to determine either, or both, of the following. Whether the: (1) Adverse determination being appealed violates the provisions of the Area Plan, department or area agency policies, contract, or grant terms, rules, laws, regulatio…

(a) No licensee shall use patients' monies or valuables as its own or mingle them with its own. Patients' monies and valuables shall be separate, intact and free from any liability the licensee incurs in the use of the licensee's or the facility's funds and valuables. (b) Each li…

Spaces approved for specific use at the time of licensure shall not be converted to other use without the prior approval of the Department.

The psychiatric health facility shall be clean, safe and sanitary and in good repair at all times.

“Individualized plan of care” means a written plan of treatment and services provided to a participant of an adult day health center in accordance with the documented assessed needs of the participant.

“Legal guardian” means a person appointed by a court to care for another person or that person's property, or both.

“Licensed capacity” means the maximum number of participants authorized to receive services at any one time in an adult day health center as specified on the license.

“Licensee” means a corporation, company, or partnership, or a city or county government within the State, to whom an adult day health center license has been issued.

Podiatrist means a person licensed as a podiatrist by the California Board of Podiatric Medicine.

“Program director” means the person responsible for supervising the implementation of each participant's individual plan of care.

Psychologist means a person who has a doctorate in psychology or educational psychology from an accredited university or who is licensed as a psychologist by the Board of Psychology.

(a) The Department may deny the application for licensure if the requirements for licensure or certification are not met. An application shall be denied if the applicant: (1) Has failed to comply with the approved county adult day health plan. (2) Previously violated Department r…

(a) The Department shall conduct an inspection of each licensed center at least annually. (b) The inspection shall include at least a personal interview with the licensee or administrator and an inspection of the center to assure compliance with these regulations.

(a) A new verified application shall be submitted to the Department by the licensee for any of the following reasons: (1) Construction of a new or replacement center. (2) Change of ownership.

(a) The license shall not be transferable. The licensee shall notify the Department in writing at least 30 days prior to the effective date of any change of ownership. A new application for license shall be submitted by the prospective new owner. (b) The Department may approve a …

(a) Skilled nursing care shall be available to each participant and shall include at least the following: (1) Initial and continuing assessment of the participant by the registered nurse in the multidisciplinary team and development of a written plan of care. (2) Administration o…

(a) Restraints shall be used only as measures to protect the participant from injury to self, based on the assessment of the participant by the multidisciplinary team. (b) Restraints shall be used only under the following conditions: (1) Treatment restraints for the protection of…

(a) Each participant's health record shall include a drug history which lists all medications currently being taken by the participant and any medications to which the participant is allergic. (b) Medications stored in the center or administered by center personnel shall be label…

Drug means a medication or a chemical introduced into the body for a specific effect.

(a) Transportation for participants to and from home shall be provided or arranged by the center if necessary. (b) The center shall develop written policies and procedures for the provision of transportation services.

(a) A plan for discharge of each participant shall be based on the assessment of the participant by the multidisciplinary team and shall be reviewed and updated at the time of each reassessment. (b) Each participant's health record shall include documentation of the plan for disc…

(a) Each licensee shall have legal responsibility and administrative authority for operation of the center. (b) The licensee shall exercise general supervision over the affairs of the center and establish policies concerning its operation in conformance with these regulations and…

(a) Program aides shall be employed in a sufficient number to meet the needs of the participants and the staffing requirements of the Department. Program aides shall be qualified by education and training and experience to perform the duties assigned and meet the needs of the pro…

No adult day health center shall assume responsibility for the funds of its participants.

(a) Each center shall have a plan for a disaster occurring within the center, or a local disaster occurring in the community. (b) The plan shall be in writing and shall include: (1) Designation of administrative authority and employee assignments. (2) Plan for evacuation or reloc…

Family therapy means individual counseling, group counseling, conjoint counseling or other appropriate activities provided for consenting family members and/or consenting significant others.

(a) The adult day health center shall maintain and make readily available to authorized personnel of the Department for review and evaluation such records as the Director deems necessary. Such records shall include, but are not limited to, all physical records originated or prepa…

(a) Medical equipment and supplies in each center shall be of the quality and in the quantity necessary for care of participants as ordered or indicated. These shall be provided and properly maintained at all times and shall include at least the following: (1) Airways. (2) Emerge…

(a) Each center shall be designed, equipped and maintained to provide for a safe and healthful environment and shall meet the following requirements: (1) Each center shall comply with state and local building requirements. (2) Each center shall be maintained in conformity with th…

Outpatient services means outreach programs, intervention, after care services, individual or group services and any other service provided for persons who are outpatients in the CDRH.

(a) Patient means a person who is receiving observation, diagnosis, evaluation and/or recovery services. (1) An inpatient means a person who has been admitted for observation, diagnosis, evaluation, treatment or recovery services and who is expected to remain 24 hours or longer. …

Pharmacist means a person who is licensed as such by the California State Board of Pharmacy.