BILL NUMBER: AB 2776	CHAPTERED  09/29/06

	CHAPTER  796
	FILED WITH SECRETARY OF STATE  SEPTEMBER 29, 2006
	APPROVED BY GOVERNOR  SEPTEMBER 29, 2006
	PASSED THE SENATE  AUGUST 16, 2006
	PASSED THE ASSEMBLY  MAY 25, 2006
	AMENDED IN ASSEMBLY  APRIL 19, 2006
	AMENDED IN ASSEMBLY  APRIL 3, 2006

INTRODUCED BY   Assembly Member Yee

                        FEBRUARY 24, 2006

   An act to amend Section 4094 of the Welfare and Institutions Code,
relating to mental health.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2776, Yee  Mental health: community treatment facilities:
seclusions and restraints.
   Under existing law, community treatment facilities are residential
facilities that are licensed by the State Department of Social
Services and the State Department of Mental Health to provide
residential care and mental health treatment services to children in
a group setting, and that have the capacity to provide secure
containment.
   Existing law requires the State Department of Mental Health to
adopt regulations establishing program standards for any facility
licensed as a community treatment facility. These regulations are
required to include standards for treatment, staffing, and for the
use of psychotropic medication, discipline, and restraints.
   Until January 1, 2007, existing law prohibits the department from
requiring 24-hour onsite nursing staff at community treatment
facilities. Until January 1, 2007, existing law requires these
facilities to retain at least one full-time, or full-time equivalent,
registered nurse onsite, in specified circumstances, to have other
medical or nursing staff available on call within one hour when
necessary, and to have all direct care staff trained in providing
first aid and other emergency services. Until January 1, 2007,
existing law permits the department to adopt emergency regulations as
necessary to implement these provisions.
   This bill would extend the termination date of January 1, 2007, to
January 1, 2010.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 4094 of the Welfare and Institutions Code is
amended to read:
   4094.  (a) The State Department of Mental Health shall establish,
by regulations adopted at the earliest possible date, but no later
than December 31, 1994, program standards for any facility licensed
as a community treatment facility. This section shall apply only to
community treatment facilities described in this subdivision.
   (b) A certification of compliance issued by the State Department
of Mental Health shall be a condition of licensure for the community
treatment facility by the State Department of Social Services. The
department may, upon the request of a county, delegate the
certification and supervision of a community treatment facility to
the county department of mental health.
   (c) The State Department of Mental Health shall adopt regulations
to include, but not be limited to, the following:
   (1) Procedures by which the Director of Mental Health shall
certify that a facility requesting licensure as a community treatment
facility pursuant to Section 1502 of the Health and Safety Code is
in compliance with program standards established pursuant to this
section.
   (2) Procedures by which the Director of Mental Health shall deny a
certification to a facility or decertify a facility that is licensed
as a community treatment facility pursuant to Section 1502 of the
Health and Safety Code, but no longer complying with program
standards established pursuant to this section, in accordance with
Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of
Title 2 of the Government Code.
   (3) Provisions for site visits by the State Department of Mental
Health for the purpose of reviewing a facility's compliance with
program standards established pursuant to this section.
   (4) Provisions for the community care licensing staff of the State
Department of Social Services to report to the State Department of
Mental Health when there is reasonable cause to believe that a
community treatment facility is not in compliance with program
standards established pursuant to this section.
   (5) Provisions for the State Department of Mental Health to
provide consultation and documentation to the State Department of
Social Services in any administrative proceeding regarding denial,
suspension, or revocation of a community treatment facility license.

   (d) The standards adopted by regulations pursuant to subdivision
(a) shall include, but not be limited to, standards for treatment,
staffing, and for the use of psychotropic medication, discipline, and
restraints in the facilities. The standards shall also meet the
requirements of Section 4094.5.
   (e) (1) Until January 1, 2010, all of the following are
applicable:
   (A) A community treatment facility shall not be required by the
State Department of Mental Health to have 24-hour onsite licensed
nursing staff, but shall retain at least one full-time, or full-time
equivalent, registered nurse onsite if both of the following are
applicable:
   (i) The facility does not use mechanical restraint.
   (ii) The facility only admits children who have been assessed, at
the point of admission, by a licensed primary care provider and a
licensed psychiatrist, who have concluded, with respect to each
child, that the child does not require medical services that require
24-hour nursing coverage. For purposes of this section, a "primary
care provider" includes a person defined in Section 14254, or a nurse
practitioner who has the responsibility for providing initial and
primary care to patients, for maintaining the continuity of care, and
for initiating referral for specialist care.
   (B) Other medical or nursing staff shall be available on call to
provide appropriate services, when necessary, within one hour.
   (C) All direct care staff shall be trained in first aid and
cardiopulmonary resuscitation, and in emergency intervention
techniques and methods approved by the Community Care Licensing
Division of the State Department of Social Services.
   (2) The State Department of Mental Health may adopt emergency
regulations as necessary to implement this subdivision. The adoption
of these regulations shall be deemed to be an emergency and necessary
for the immediate preservation of the public peace, health and
safety, and general welfare. The regulations shall be exempt from
review by the Office of Administrative Law and shall become effective
immediately upon filing with the Secretary of State. The regulations
shall not remain in effect more than 180 days unless the adopting
agency complies with all the provisions of Chapter 3.5 (commencing
with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code, as required by subdivision (e) of Section 11346.1 of
the Government Code.
   (f) During the initial public comment period for the adoption of
the regulations required by this section, the community care facility
licensing regulations proposed by the State Department of Social
Services and the program standards proposed by the State Department
of Mental Health shall be presented simultaneously.
   (g) A minor shall be admitted to a community treatment facility
only if the requirements of Section 4094.5 and either of the
following conditions are met:
   (1) The minor is within the jurisdiction of the juvenile court,
and has made voluntary application for mental health services
pursuant to Section 6552.
   (2) Informed consent is given by a parent, guardian, conservator,
or other person having custody of the minor.
   (h) Any minor admitted to a community treatment facility shall
have the same due process rights afforded to a minor who may be
admitted to a state hospital, pursuant to the holding in In re Roger
S. (1977) 19 Cal.3d 921. Minors who are wards or dependents of the
court and to whom this subdivision applies shall be afforded due
process in accordance with Section 6552 and related case law,
including In re Michael E. (1975) 15 Cal.3d 183. Regulations adopted
pursuant to Section 4094 shall specify the procedures for ensuring
these rights, including provisions for notification of rights and the
time and place of hearings.
   (i) Notwithstanding Section 13340 of the Government Code, the sum
of forty-five thousand dollars ($45,000) is hereby appropriated
annually from the General Fund to the State Department of Mental
Health for one personnel year to carry out the provisions of this
section.