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Science Forum Index » Psychology - Psychotherapy Forum » California Codes W&I + H&S
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 Posted: Sun Jan 27, 2008 1:44 pm |
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http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=4774378624+1+0+0&WAISaction=retrieve
CALIFORNIA CODES
WELFARE AND INSTITUTIONS CODE
SECTION 6600-6609.3
6600. As used in this article, the following terms have the
following meanings:
(a) (1) "Sexually violent predator" means a person who has been
convicted of a sexually violent offense against one or more victims
and who has a diagnosed mental disorder that makes the person a
danger to the health and safety of others in that it is likely that
he or she will engage in sexually violent criminal behavior.
[/]
[Here ya go LMG, and please do read the H&S Code sections as well, it
includes spousal abuse and domestic partner abuse]
CALIFORNIA CODES
HEALTH AND SAFETY CODE
SECTION 1250-1264
[..]
(b) "Acute psychiatric hospital" means a health facility having a
duly constituted governing body with overall administrative and
professional responsibility and an organized medical staff that
provides 24-hour inpatient care for mentally disordered, incompetent,
or other patients referred to in Division 5 (commencing with Section
5000) or Division 6 (commencing with Section 6000) of the Welfare
and Institutions Code, including the following basic services:
medical, nursing, rehabilitative, pharmacy, and dietary services.
[..]
1257.7. (a) By July 1, 1995, all hospitals licensed pursuant to
subdivisions (a), (b), and (f) of Section 1250 shall conduct a
security and safety assessment and, using the assessment, develop a
security plan with measures to protect personnel, patients, and
visitors from aggressive or violent behavior. The security and
safety assessment shall examine trends of aggressive or violent
behavior at the facility. These hospitals shall track incidents of
aggressive or violent behavior as part of the quality assessment and
improvement program and for the purposes of developing a security
plan to deter and manage further aggressive or violent acts of a
similar nature. The plan may include, but shall not be limited to,
security considerations relating to all of the following:
(1) Physical layout.
(2) Staffing.
(3) Security personnel availability.
(4) Policy and training related to appropriate responses to
violent acts.
In developing this plan, the hospital shall consider any
guidelines or standards on violence in health care facilities issued
by the state department, the Division of Occupational Safety and
Health, and the federal Occupational Safety and Health
Administration. As part of the security plan, a hospital shall adopt
security policies including, but not limited to, personnel training
policies designed to protect personnel, patients, and visitors from
aggressive or violent behavior.
(b) The individual or members of a hospital committee responsible
for developing the security plan shall be familiar with all of the
following:
(1) The role of security in hospital operations.
(2) Hospital organization.
(3) Protective measures, including alarms and access control.
(4) The handling of disturbed patients, visitors, and employees.
(5) Identification of aggressive and violent predicting factors.
(6) Hospital safety and emergency preparedness.
(7) The rudiments of documenting and reporting crimes, including,
by way of example, not disturbing a crime scene.
(c) The hospital shall have sufficient personnel to provide
security pursuant to the security plan developed pursuant to
subdivision (a). Persons regularly assigned to provide security in a
hospital setting shall be trained regarding the role of security in
hospital operations, including the identification of aggressive and
violent predicting factors, and management of violent disturbances.
(d) Any act of assault, as defined in Section 240 of the Penal
Code, or battery, as defined in Section 242 of the Penal Code, that
results in injury or involves the use of a firearm or other dangerous
weapon, against any on-duty hospital personnel shall be reported to
the local law enforcement agency within 72 hours of the incident.
Any other act of assault, as defined in Section 240 of the Penal
Code, or battery as defined in Section 242 of the Penal Code, against
any on-duty hospital personnel may be reported to the local law
enforcement agency within 72 hours of the incident. No health
facility or employee of a health facility who reports a known or
suspected instance of assault or battery pursuant to this section
shall be civilly or criminally liable for any report required by this
section. No health facility or employee of a health facility who
reports a known or suspected instance of assault or battery that is
authorized, but not required, by this section, shall be civilly or
criminally liable for the report authorized by this section unless it
can be proven that a false report was made and the health facility
or its employee knew that the report was false or was made with
reckless disregard of the truth or falsity of the report, and any
health facility or employee of a health facility who makes a report
known to be false or with reckless disregard of the truth or falsity
of the report shall be liable for any damages caused. Any individual
knowingly interfering with or obstructing the lawful reporting
process shall be guilty of a misdemeanor. "Dangerous weapon," as
used in this section, means any weapon the possession or concealed
carrying of which is prohibited by Section 12020 of the Penal Code.
[..]
1257.8. (a) All hospital employees regularly assigned to the
emergency department shall receive, by July 1, 1995, and thereafter,
on a continuing basis as provided for in the security plan developed
pursuant to Section 1257.7, security education and training relating
to the following topics:
(1) General safety measures.
(2) Personal safety measures.
(3) The assault cycle.
(4) Aggression and violence predicting factors.
(5) Obtaining patient history from a patient with violent
behavior.
(6) Characteristics of aggressive and violent patients and
victims.
(7) Verbal and physical maneuvers to diffuse and avoid violent
behavior.
( Strategies to avoid physical harm.
(9) Restraining techniques.
(10) Appropriate use of medications as chemical restraints.
(11) Any resources available to employees for coping with
incidents of violence, including, by way of example, critical
incident stress debriefing or employee assistance programs.
(b) As provided in the security plan developed pursuant to Section
1257.7, members of the medical staff of each hospital and all other
practitioners, including, but not limited to, nurse practitioners,
physician assistants, and other personnel, who are regularly assigned
to the emergency department or other departments identified in the
security plan shall receive the same training as that provided to
hospital employees or, at a minimum, training determined to be
sufficient pursuant to the security plan.
(c) Temporary personnel shall be oriented as required pursuant to
the security plan. This section shall not be construed to preempt
state law or regulations generally affecting temporary personnel in
hospitals.
[..]
1259.5. By January 1, 1995, each general acute care hospital, acute
psychiatric hospital, special hospital, psychiatric health facility,
and chemical dependency recovery hospital shall establish written
policies and procedures to screen patients routinely for the purpose
of detecting spousal or partner abuse. The policies shall include
guidelines on all of the following:
(a) Identifying, through routine screening, spousal or partner
abuse among patients.
(b) Documenting patient injuries or illnesses attributable to
spousal or partner abuse.
(c) Educating appropriate hospital staff about the criteria for
identifying, and the procedures for handling, patients whose injuries
or illnesses are attributable to spousal or partner abuse.
(d) Advising patients exhibiting signs of spousal or partner abuse
of crisis intervention services that are available either through
the hospital facility or through community-based crisis intervention
and counseling services.
(e) Providing to patients who exhibit signs of spousal or partner
abuse information on domestic violence and a referral list, to be
updated periodically, of private and public community agencies that
provide, or arrange for, evaluation of and care for persons
experiencing spousal or partner abuse, including, but not limited to,
hot lines, local battered women's shelters, legal services, and
information about temporary restraining orders.
[..]
1261. (a) A health facility shall allow a patient's domestic
partner, the children of the patient's domestic partner, and the
domestic partner of the patient's parent or child to visit, unless
one of the following is met:
(1) No visitors are allowed.
(2) The facility reasonably determines that the presence of a
particular visitor would endanger the health or safety of a patient,
member of the health facility staff, or other visitor to the health
facility, or would significantly disrupt the operations of a
facility.
(3) The patient has indicated to health facility staff that the
patient does not want this person to visit.
(b) This section may not be construed to prohibit a health
facility from otherwise establishing reasonable restrictions upon
visitation, including restrictions upon the hours of visitation and
number of visitors.
(c) For purposes of this section, "domestic partner" has the same
meaning as that term is used in Section 297 of the Family Code. |
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