Cal. Code Regs. Tit. 9, § 1901 - Definitions and Terms
(a) Meaning of words. A word or phrase shall
have its usual meaning unless the context or a definition clearly indicates a
different meaning. Words and phrases used in their present tense include the
future tense. Words and phrases in the singular form include the plural form.
Use of the word "shall" denotes mandatory conduct, "may" denotes permissive
conduct.
(b) "Advocate" means the
person or persons authorized to provide advocacy services pursuant to Section
5520 et seq. of the Welfare and Institutions Code.
(c) "Applicant" means any adult, firm,
partnership, association, corporation, county, city, public agency or other
governmental entity that has made application for an initial CTF mental health
program certification.
(d)
"Certificate holder" means the adult, firm, partnership, association,
corporation, county, city, public agency or other governmental entity that has
an approved mental health program documented by a certificate issued to them by
the Department.
(e) "Child" means
an individual under 18 years of age who is seriously emotionally disturbed as
defined in Section
5600.3
of the Welfare and Institutions Code, including those individuals 18 through 21
years of age specified in Section
1924(b).
(f) "Child care staff" means a direct service
employee, as defined by the Division of Community Care Licensing, of a CTF
whose duties include but are not limited to the care and supervision of the
children residing in the facility.
(g) "Child's facility record" means the
documents supporting the child's admission and treatment at the CTF.
(h) "Clinical psychologist" means a
psychologist licensed by this State who possesses a doctorate degree in
psychology from an educational institution meeting the criteria for subdivision
(c) of Section
2914
of the Business and Professions Code, and who has not less than two years
clinical experience in a multi-disciplinary facility licensed or operated by
this or another State or by the United States to provide health care, or who is
listed in the latest edition of the National Register of Health Service
Providers in Psychology, as adopted by the Council for the National Register of
Health Service Providers in Psychology and as provided in Section
1316.5
of the Health and Safety Code.
(i)
"Conservator" means a person appointed pursuant to Section
5350
of the Welfare and Institutions Code.
(j) "Department" means the Department of
Health Care Services.
(k)
"Emergency" means an unforseen situation that calls for immediate action
without time for full deliberation to prevent the physical injury of a child or
others or extreme property damage which could result in such injury.
(l) "Interagency placement committee" means a
committee established by the county in accordance with Section
4096(c)
of the Welfare and Institutions Code with a membership that includes at least a
representative from the county placing agency and a licensed mental health
professional from the county department of mental health.
(m) "Least restrictive setting" means the
treatment setting which affords the maximum amount of personal freedom
consistent with the effective delivery of services for the child being treated
that can fulfill the objectives of the child's treatment plan.
(n) "Licensed clinical social worker" means a
person who is licensed as a clinical social worker by the Board of Behavioral
Science Examiners.
(o) "Licensed
marriage, family, and child counselor" means a marriage, family, and child
counselor licensed by the State Board of Behavioral Science
Examiners.
(p) "Licensed mental
health professional" means any of the following:
(1) A psychiatrist;
(2) A clinical psychologist;
(3) A licensed marriage, family and child
counselor;
(4) A licensed clinical
social worker;
(5) A licensed
registered nurse with a masters or doctorate degree in psychiatric
nursing.
(q) "Licensed
nursing staff" means a licensed registered nurse, a licensed vocational nurse,
or a licensed psychiatric technician as defined in this chapter, and employed
by a CTF to perform functions within their scope of practice.
(r) "Licensed vocational nurse" means a
person licensed as a licensed vocational nurse by the California Board of
Vocational Nurse and Psychiatric Technician Examiners.
(s) "Mental health program director" means
the licensed mental health professional who has been designated by a CTF's
certificate holder to oversee and implement the overall mental health treatment
program.
(t) "Needs and Services
Plan" or "NSP" is the written plan of all therapeutic, behavioral, and other
interventions that are to be provided to the child, and that are necessary to
achieve the desired outcomes or goals for that child.
(u) "Non-secure portion of the facility"
means that part of a CTF which has entrances and exits, including windows,
which are not controlled with locking mechanisms allowing egress or ingress
from the premises to the children housed in this portion of the
facility.
(v) "Physical restraint"
means physically controlling a child's behavior. Physical control includes
restricting movement by positioning staff, restricting motion by holding, the
application of mechanical devices and involuntary placement of a child in a
seclusion room or any other room in which they are involuntarily
isolated.
(w) "Physician" means a
person licensed as a physician and surgeon by the California Medical Board or
by the Board of Osteopathic Examiners.
(x) "Progress notes" are written comments or
descriptions of a child's participation and response to the provision of
prescribed mental health treatment services.
(y) "Provider" means a "certificate holder"
as defined in subsection (d).
(z)
"Provision" or "provide" means whenever any regulation of this chapter
specifies that any service, personnel, or other requirement be provided or that
provision be made for, the provider shall do so directly or present
documentation that the requirement has been met by some other means.
(aa) "Psychiatric technician" means a person
licensed as a psychiatric technician by the California Board of Vocational
Nurse and Psychiatric Technician Examiners.
(bb) "Psychiatrist" means a physician and
surgeon licensed by the Medical Board of California who can show evidence of
having completed the required course of graduate psychiatric education as
specified by the American Board of Psychiatry and Neurology in a program of
training accredited by the Accreditation Council for Graduate Medical
Education, the American Medical Association or the American Osteopathic
Association.
(cc) "Registered
nurse" means a person licensed as a registered nurse by the California Board of
Registered Nursing.
(dd)
"Seclusion" means the involuntary confinement of a child in a room.
(ee) "Secure portion of the facility" means
that part of a CTF which has entrances and exits, including windows, which are
controlled with locking mechanisms that are inaccessible to the children. Any
additional outside spaces and recreational areas that are attached to the
facility must similarly be enclosed to preclude egress or ingress from the
premises.
Notes
2. Change without regulatory effect amending subsection (j) and NOTE filed 8-26-2015 pursuant to section 100, title 1, California Code of Regulations (Register 2015, No. 35).
Note: Authority cited: Sections 4094, 10725 and 14700, Welfare and Institutions Code. Reference: Sections 4094 et seq., Welfare and Institutions Code; and Section 1502, Health and Safety Code.
2. Change without regulatory effect amending subsection (j) and Note filed 8-26-2015 pursuant to section 100, title 1, California Code of Regulations (Register 2015, No. 35).
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