Cal. Code Regs. Tit. 15, § 3999.330 - Availability of Services and Treatment

(a) The Department will provide a broad range of mental health services to patients and supervised persons by assessing the needs of its population and developing specialized programs of mental health care, to the extent resources are available for this purpose. Necessary and appropriate mental health services will be provided to patients and supervised persons, and adequate staff and facilities will be maintained for the delivery of such services.

(b) When a patient is found to require mental health care not available within these resources, but which is available in the Department of State Hospitals, the case will be referred to the Secretary for consideration of temporary transfer to that department pursuant to Penal Code section 2684.

(c) Recognizing that many supervised persons have unique treatment needs not readily met by community mental health programs, and that the promptness and appropriateness of those needs affect public safety, the Department provides outpatient clinics for supervised persons. These clinics are conducted in widely distributed locations throughout the state at times and places such that they are available to supervised persons, and that they shall maintain close working relationships with parole supervisors, paroling authorities, and the community in which the supervised person resides.

(d) All required mental health treatment or diagnostic services shall be provided under the supervision of a Psychiatrist licensed to practice in this state, or a Psychologist licensed to practice in this state and who holds a doctoral degree and has at least two years of experience in the diagnosis and treatment of emotional and mental disorders. Facilities for mental health treatment and diagnostic services shall be under the direction of such a Psychiatrist or Psychologist. A Psychiatrist shall be available to assume responsibility for all acts of diagnosis or treatment that may only be performed by a licensed physician and surgeon.

(e) Recognizing that mental health care often involves revealing deeply personal and private matters, all mental health care shall be provided in such a manner as to maintain the dignity of the patient. Professional relationships shall be conducted with proper privacy, with due regard to the professional to take necessary and appropriate action to prevent harm to the patient or to others. Records of mental health diagnosis, evaluation, and treatment prepared or maintained by the Department shall remain the property of the Department and are subject to all applicable laws governing their confidentiality and disclosure. Treatment will be in accord with sound principles of practice and will not serve a punitive purpose.

(f) All persons committed to the Department shall be informed that mental health services are available to them. They shall be informed that, upon their request, an evaluative interview will be provided within a reasonable period of time by a licensed practitioner, or a specially trained counselor supervised by a licensed practitioner. Upon request, they will be provided with information as to what specialized treatment programs may be available in the Department and how such treatment may be obtained.

Notes

Cal. Code Regs. Tit. 15, § 3999.330

Note: Authority cited: Section 5058, Penal Code. Reference: Sections 2684, 5054 and 5079, Penal Code.

Note: Authority cited: Section 5058, Penal Code. Reference: Sections 2684, 5054 and 5079, Penal Code.

1. Change without regulatory effect adopting new article 5 (sections 3999.330-3999.350) and renumbering and amending section 3360, portions of section 3361 and section 3362 to new section 3999.330 filed 4-15-2019 pursuant to section 100, title 1, California Code of Regulations (Register 2019, No. 16).
2. Change without regulatory effect amending subsections (a) and (c) filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).