Cal. Code Regs. Tit. 9, § 865.4 - Seclusion and Restraints

(a) Seclusion is the involuntary isolation of a patient in a locked room. Seclusion and/or restraints shall never be used as punishment or as a substitute for a less restrictive alternative form of treatment.

(b) Each instance of seclusion and/or restraints shall be noted in the patient's record in accordance with Section 865.3.

(c) Documentation of the Section 5325 of Welfare and Institutions Code rights actually denied a person in seclusion or restraints shall be entered in the patient's record.

(d) In addition to the foregoing, all of the provisions contained in Sections 70577(j) (General Acute Care Hospitals), 71545 (Acute Psychiatric Hospitals), 72407, 72409, 72411, 72413 (Skilled Nursing Facilities), and 73403, 73405, 73407, 73409 (Intermediate Care Facilities) of Title 22 of the California Code of Regulations shall prevail as applicable rules for the respective health care facilities.

(e) The authority for the use of seclusion and/or restraints on any resident of a community care facility shall be in accordance with provisions of Title 22, California Code of Regulations, Section 80403(f).

Notes

Cal. Code Regs. Tit. 9, § 865.4

1. Change without regulatory effect amending subsections (c)-(e) and adding NOTE filed 6-6-2016 pursuant to section 100, title 1, California Code of Regulations (Register 2016, No. 24).

Note: Authority cited: Sections 5400 and 14700, Welfare and Institutions Code. Reference: Sections 5325, 5325.1 and 5326, Welfare and Institutions Code.

1. Change without regulatory effect amending subsections (c)-(e) and adding Note filed 6/6/2016 pursuant to section 100, title 1, California Code of Regulations (Register 2016, No. 24).