Section 1538.9 Of Article 3. Regulations From California Health And Safety Code >> Division 2. >> Chapter 3. >> Article 3.
1538.9
. (a) (1) (A) The department shall consult with the State
Department of Health Care Services and stakeholders to establish a
methodology for identifying those group homes providing care under
the AFDC-FC program pursuant to Sections 11460 and 11462 of the
Welfare and Institutions Code that have levels of psychotropic drug
utilization warranting additional review. The methodology shall be
adopted on or before July 1, 2016.
(B) Every three years after adopting the methodology developed
under subparagraph (A), or earlier if needed, the department shall
consult with the State Department of Health Care Services and
stakeholders and revise the methodology, if necessary.
(2) If the department, applying the methodology described in
paragraph (1), determines that a facility appears to have levels of
psychotropic drug utilization warranting additional review, it shall
inspect the facility at least once a year.
(3) The inspection of the facility shall include, but not be
limited to, a review of the following:
(A) Plan of operation, policies, procedures, and practices.
(B) Child-to-staff ratios.
(C) Staff qualifications and training.
(D) Implementation of children's needs and services plan.
(E) Availability of psychosocial and other alternative treatments
to the use of psychotropic medications.
(F) Other factors that the department determines contribute to
levels of psychotropic drug utilization that warrant additional
review.
(G) Confidential interviews of children residing in the facility
at the time of the inspection.
(4) The inspection of the facility may include, but is not limited
to, the following:
(A) Confidential interviews of children who resided in the
facility within the last six months.
(B) Confidential discussions with physicians identified as
prescribing the medications.
(b) Following an inspection conducted pursuant to this section,
the department, as it deems appropriate, may do either or both of the
following:
(1) Share relevant information and observations with county
placing agencies, social workers, probation officers, the court,
dependency counsel, or the Medical Board of California, as
applicable.
(2) Share relevant information and observations with the facility
and require the facility to submit a plan, within 30 days of
receiving the information and observations from the department, to
address any identified risks within the control of the facility
related to psychotropic medication. The department shall approve the
plan and verify implementation of the plan to determine whether those
risks have been remedied.
(c) (1) Notwithstanding the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code),
until emergency regulations are filed with the Secretary of State,
the department may implement this section through all-county letters
or similar instructions.
(2) On or before January 1, 2017, the department shall adopt
regulations to implement this section. The initial adoption,
amendment, or repeal of a regulation authorized by this subdivision
is deemed to address an emergency, for purposes of Sections 11346.1
and 11349.6 of the Government Code, and the department is hereby
exempted for that purpose from the requirements of subdivision (b) of
Section 11346.1 of the Government Code. After the initial adoption,
amendment, or repeal of an emergency regulation pursuant to this
section, the department may twice request approval from the Office of
Administrative Law to readopt the regulation as an emergency
regulation pursuant to Section 11346.1 of the Government Code. The
department shall adopt final regulations on or before January 1,
2018.
(d) Nothing in this section does any of the following:
(1) Replaces or alters other requirements for responding to
complaints and making inspections or visits to group homes,
including, but not limited to, those set forth in Sections 1534 and
1538.
(2) Prevents or precludes the department from taking any other
action permitted under any other law, including any regulation
adopted pursuant to this chapter.
(e) This section does not apply to a runaway and homeless youth
shelter, as defined in Section 1502.