Cal. Code Regs. Tit. 22, § 82102 - Emergency Intervention Prohibitions

Notwithstanding 82100(a), Section 82102 shall apply to all Adult Day Programs as follows:

(a) The following emergency interventions shall not be used on a client:

(1) Mechanical restraints;

(2) Manual restraint as an extended procedure;

(3) Manual restraint or seclusion when imminent danger is not present;

(4) Adverse behavior modifications, including but not limited to body shaking, water spray, slapping, pinching, ammonia vapors, sensory deprivation and electric shock;

(5) Pain, including but not limited to arm twisting, finger bending, joint extensions and headlocks;

(6) AnyS manual restraint technique that obstructs a client's airway or impairs or restricts breathing or circulation;

(7) Manual restraint with the client's hands held or restrained behind the client's back;

(8) Any manual restraint technique in which a staff member places pressure on a client's back or places his or her body weight against the client's torso or back;

(9) Placement of an item that covers the head or face;

(A) Padding, placed under the head, to prevent injury is permitted, provided it does not impair breathing.

(10) Chemical restraint or psychotherapeutic or behavior modifying drugs in a manner prohibited by Health and Safety Code section 1180.4(k);

(11) Techniques reasonably expected to cause serious injury that may require medical treatment from a health practitioner, licensed under Division 2 of the Business and Professions Code;

(12) Verbal abuse or physical threats;

(13) Isolation in an area from which the client cannot voluntarily exit including, but not limited to, denying a request from a non-ambulatory client to exit a chair or an unlocked room. This prohibition does not apply to a Seclusion Room;

(14) Manual restraint or seclusion for more than 15 consecutive minutes unless the licensee is in compliance with Section 82122(e)(6);

(15) Punishment, discipline, harassment, humiliation, coercion or retaliation.

(b) Manual restraint or seclusion shall not be used:

(1) As a substitution for staff;

(2) For the convenience of staff;

(3) As a substitute for, or as part of, a treatment program;

(4) As a substitute for, or as part of, a behavior modification program;

(5) To prevent a client from leaving a room or area or the program when there is no immediate threat to health and safety of the individual or others.

(6) When a client's medical or physical condition or the Client Medical Assessment indicates that there is reason to believe that the intervention would endanger the client's life or significantly worsen the client's medical condition.

(7) If it is prohibited by the program's Emergency Intervention Plan or the client's Individual Emergency Intervention Plan;

Notes

Cal. Code Regs. Tit. 22, § 82102

1. New article 2 (section 82102) and section filed 5-16-2022; operative 7-1-2022 (Register 2022, No. 20).

Note: Authority cited: Sections 1530 and 1530.1, Health and Safety Code. Reference: Sections 1180.3, 1180.4, 1501, 1502 and 1531, Health and Safety Code.

1. New article 2 (section 82102) and section filed 5-16-2022; operative 7/1/2022 (Register 2022, No. 20).