Section 1180.2 Of Division 1.5. Use Of Seclusion And Behavioral Restraints In Facilities From California Health And Safety Code >> Division 1.5.
1180.2
. (a) This section shall apply to the state hospitals
operated by the State Department of State Hospitals and facilities
operated by the State Department of Developmental Services that
utilize seclusion or behavioral restraints.
(b) The State Department of State Hospitals and the State
Department of Developmental Services shall develop technical
assistance and training programs to support the efforts of facilities
described in subdivision (a) to reduce or eliminate the use of
seclusion and behavioral restraints in those facilities.
(c) Technical assistance and training programs should be designed
with the input of stakeholders, including clients and direct care
staff, and should be based on best practices that lead to the
avoidance of the use of seclusion and behavioral restraints,
including, but not limited to, all of the following:
(1) Conducting an intake assessment that is consistent with
facility policies and that includes issues specific to the use of
seclusion and behavioral restraints as specified in Section 1180.4.
(2) Utilizing strategies to engage clients collaboratively in
assessment, avoidance, and management of crisis situations in order
to prevent incidents of the use of seclusion and behavioral
restraints.
(3) Recognizing and responding appropriately to underlying reasons
for escalating behavior.
(4) Utilizing conflict resolution, effective communication,
deescalation, and client-centered problem solving strategies that
diffuse and safely resolve emerging crisis situations.
(5) Individual treatment planning that identifies risk factors,
positive early intervention strategies, and strategies to minimize
time spent in seclusion or behavioral restraints. Individual
treatment planning should include input from the person affected.
(6) While minimizing the duration of time spent in seclusion or
behavioral restraints, using strategies to mitigate the emotional and
physical discomfort and ensure the safety of the person involved in
seclusion or behavioral restraints, including input from the person
about what would alleviate his or her distress.
(7) Training in conducting an effective debriefing meeting as
specified in Section 1180.5, including the appropriate persons to
involve, the voluntary participation of the person who has been in
seclusion or behavioral restraints, and strategic interventions to
engage affected persons in the process. The training should include
strategies that result in maximum participation and comfort for the
involved parties to identify factors that lead to the use of
seclusion and behavioral restraints and factors that would reduce the
likelihood of future incidents.
(d) (1) The State Department of State Hospitals and the State
Department of Developmental Services shall take steps to establish a
system of mandatory, consistent, timely, and publicly accessible data
collection regarding the use of seclusion and behavioral restraints
in facilities described in this section. It is the intent of the
Legislature that data be compiled in a manner that allows for
standard statistical comparison.
(2) The State Department of State Hospitals and the State
Department of Developmental Services shall develop a mechanism for
making this information publicly available on the Internet.
(3) Data collected pursuant to this section shall include all of
the following:
(A) The number of deaths that occur while persons are in seclusion
or behavioral restraints, or where it is reasonable to assume that a
death was proximately related to the use of seclusion or behavioral
restraints.
(B) The number of serious injuries sustained by persons while in
seclusion or subject to behavioral restraints.
(C) The number of serious injuries sustained by staff that occur
during the use of seclusion or behavioral restraints.
(D) The number of incidents of seclusion.
(E) The number of incidents of use of behavioral restraints.
(F) The duration of time spent per incident in seclusion.
(G) The duration of time spent per incident subject to behavioral
restraints.
(H) The number of times an involuntary emergency medication is
used to control behavior, as defined by the State Department of State
Hospitals.
(e) A facility described in subdivision (a) shall report each
death or serious injury of a person occurring during, or related to,
the use of seclusion or behavioral restraints. This report shall be
made to the agency designated in subdivision (i) of Section 4900 of
the Welfare and Institutions Code no later than the close of the
business day following the death or injury. The report shall include
the encrypted identifier of the person involved, and the name, street
address, and telephone number of the facility.