Section 1265.9 Of Article 2. Administration From California Health And Safety Code >> Division 2. >> Chapter 2. >> Article 2.
1265.9
. (a) On and after July 1, 2015, any acute psychiatric
hospital that submits a completed application and is operated by the
State Department of State Hospitals may be approved by the State
Department of Public Health to offer, as a supplemental service, an
Enhanced Treatment Program (ETP) that meets the requirements of this
section, Section 4144 of the Welfare and Institutions Code, and
applicable regulations.
(b) This section shall remain in effect for each pilot ETP until
January 1 of the fifth calendar year after each pilot ETP site has
admitted its first patient, and is repealed as of January 1 of the
fifth calendar year after each pilot ETP site has admitted its first
patient, unless a later enacted statute extending the program is
enacted prior to those dates. The State Department of State Hospitals
shall post a declaration on its Internet Web site when the condition
for repealing this section is met stating that this section is
repealed.
(c) (1) Prior to the admission of the first patient into the last
pilot ETP, the State Department of Public Health may adopt emergency
regulations in accordance with the Administrative Procedure Act
(Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code) to implement this section. The
adoption of an emergency regulation under this paragraph is deemed to
address an emergency, for purposes of Sections 11346.1 and 11349.6
of the Government Code, and the State Department of Public Health is
hereby exempted for this purpose from the requirements of subdivision
(b) of Section 11346.1 of the Government Code.
(2) As an alternative to paragraph (1) and notwithstanding the
rulemaking provisions of Administrative Procedures Act (Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code), the director of the State Department of Public
Health may implement this section, in whole or in part, by means of
an all facility letter or other similar instruction.
(d) An ETP shall meet all of the following requirements:
(1) Maintain a staff-to-patient ratio of one to five.
(2) Limit each room to one patient.
(3) Each patient room shall allow visual access by staff 24 hours
per day.
(4) Each patient room shall have a toilet and sink in the room.
(5) Each patient room door shall have the capacity to be locked
externally. The door may be locked when clinically indicated and
determined to be the least restrictive treatment environment for the
patient's care and treatment pursuant to Section 4144 of the Welfare
and Institutions Code, but shall not be considered seclusion, as
defined by subdivision (e) of Section 1180.1, for purposes of
Division 1.5 (commencing with Section 1180).
(6) Provide emergency egress for ETP patients.
(7) In the event seclusion or restraints, as defined by Section
1180.1, are used in an ETP, all state licensing and regulations shall
be followed.
(8) A full-time independent patients' rights advocate who provides
patients' rights advocacy services shall be assigned to each ETP.
(e) The ETPs shall adopt and implement policies and procedures
necessary to encourage patient improvement, recovery, and a return to
a standard treatment environment, and to create identifiable
facility requirements and bench marks. The policies and procedures
shall also provide all of the following:
(1) Criteria and process for admission into an ETP pursuant to
Section 4144 of the Welfare and Institutions Code.
(2) Clinical assessment and review focused on behavior, history,
high risk of most dangerous behavior, and clinical need for patients
to receive treatment in an ETP as the least restrictive treatment
environment.
(3) A process for identifying an ETP along a continuum of care
that will best meet the patient's needs, including least restrictive
treatment environment.
(4) A process for creating and implementing a treatment plan with
regular clinical review and reevaluation of placement back into a
standard treatment environment and discharge and reintegration
planning as specified in subdivision (e) of Section 4144 of the
Welfare and Institutions Code.
(f) Patients who have been admitted to an ETP shall have the same
rights guaranteed to patients not in an ETP with the exception set
forth in paragraph (5) of subdivision (d).
(g) For purposes of paragraph (1) of subdivision (d), "staff"
means licensed nurses and psychiatric technicians providing direct
patient care.