Section 1531.2 Of Article 3. Regulations From California Health And Safety Code >> Division 2. >> Chapter 3. >> Article 3.
1531.2
. (a) Upon the filing by the department of emergency
regulations with the Secretary of State, an adult day program, as
defined in Division 6 of Title 22 of the California Code of
Regulations, or Section 1502, that provides care and supervision for
adults with Alzheimer's disease and other dementias may install for
the safety and security of these persons secured perimeter fences or
egress control devices of the time-delay type on exit doors if they
meet all of the requirements for additional safeguards required by
those regulations. The initial adoption of new emergency regulations
on and after January 1, 1999, shall be deemed to be an emergency and
necessary for the immediate preservation of the public peace, health
and safety, or general welfare.
(b) As used in this section, "egress control device" means a
device that precludes the use of exits for a predetermined period of
time. An egress control device shall not delay any client's departure
from the facility for longer than 30 seconds. Facility staff may
attempt to redirect a client who attempts to leave the facility.
(c) A facility that installs an egress control device pursuant to
this section shall meet all of the following requirements:
(1) The facility shall be subject to all fire and building codes,
regulations, and standards applicable to adult day programs using
egress control devices or secured perimeter fences and before using
an egress control device shall receive a fire clearance from the fire
authority having jurisdiction for the egress control devices.
(2) The facility shall require any client entering the facility to
provide documentation of a diagnosis by a physician of Alzheimer's
disease or other dementias, if such a diagnosis has been made. For
purposes of this section, Alzheimer's disease shall include dementia
and related disorders that increase the tendency to wander, decrease
hazard awareness, and decrease the ability to communicate.
(3) The facility shall provide staff training regarding the use
and operation of the egress control devices used by the facility, the
protection of clients' personal rights, wandering behavior and
acceptable methods of redirection, and emergency evacuation
procedures for persons with dementia.
(4) All admissions to the facility shall continue to be voluntary
on the part of the client or with the lawful consent of the client's
conservator or a person who has the authority to act on behalf of the
client. Persons who have the authority to act on behalf of a client
may include the client's spouse, relative or relatives, or designated
care giver or care givers.
(5) Any client entering a facility pursuant to this section who
does not have a conservator or does not have a person with the
authority to act on his or her behalf shall sign a statement of
voluntary entry. The facility shall retain the original statement in
the client's file at the facility.
(6) The use of egress control devices or secured perimeter fences
shall not substitute for adequate staff. Staffing ratios shall at all
times meet the requirements of applicable regulations.
(7) Emergency fire and earthquake drills shall be conducted at
least once every three months, or more frequently as required by a
county or city fire department or local fire prevention district. The
drills shall include all facility staff and volunteers providing
client care and supervision.
(8) The facility shall develop a plan of operation approved by the
department that includes a description of how the facility is to be
equipped with egress control devices that are consistent with
regulations adopted by the State Fire Marshal pursuant to Section
13143. The plan shall include, but not be limited to, all of the
following:
(A) A description of how the facility will provide training to
staff regarding the use and operation of the egress control device
utilized by the facility.
(B) A description of how the facility will ensure the protection
of the residents' personal rights consistent with Sections 4502,
4503, and 4504 of the Welfare and Institutions Code.
(C) A description of the facility's emergency evacuation
procedures for persons with Alzheimer's disease and other dementias.
(d) This section does not require an adult day program to use
secured perimeters or egress control devices in providing care for
persons with Alzheimer's disease or other dementias.
(e) The department shall adopt regulations to implement this
section in accordance with those provisions of the Administrative
Procedure Act contained in Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(f) The State Fire Marshal may also adopt regulations to implement
this section.