Section 881 - Definitions, Abbreviations and Program Terms(a) "Abuse" means physical abuse, neglect, financial abuse, abandonment, isolation, abduction, or other treatment with resulting physical harm or pain or mental suffering. The deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering.(b) "Administrative isolation" means the temporary separation of a patient from other patients and the normal living environment for the purpose of protecting possible evidence or maintaining safety and security during a criminal investigation.(c) "Confidential mail" means letters or documents sent to or received from attorneys, courts or government officials through the mail.(d) "Confidential telephone calls" means telephone calls that are not monitored or recorded by hospital staff.(e) "Contraband" means materials, articles, or goods that patients are prohibited from having in their possession because such materials, articles or goods present a risk to safety and security in the facility.(f) "Department" means the State Department of Mental Health.(g) "Facility" means a state hospital or other locked inpatient facility operated by the Department, either directly or by contract, for the care and treatment of non-LPS patients.(h) "Facility director" means the Executive Director or designee in overall charge of the facility.(i) "Facility monetary replacement system" means the alternate methods used to allow patients to purchase personal items within the facility without using United States currency.(j) "Interdisciplinary team" means the group of persons from each of the disciplines or service areas that works directly with the patient.(k) "Medical care" means procedures determined to be medically necessary, and that are not merely cosmetic in nature.(l) "Medical isolation" means the confinement of a patient alone in a room for the purpose of preventing the spread of infectious or contagious diseases that may be a public health concern.(m) "Mental disorder" or "mental health disorder" means a diagnosed mental health disorder as listed in the American Psychiatric Association: Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition, DSM 5, 2013.(n) "Neglect" means the negligent failure of any person having the care or custody of an elder or a dependent adult to exercise that degree of care that a reasonable person in a like position would exercise.(o) "Non-LPS" means that the placement in or commitment to the facility is pursuant to legal authority other than the Lanterman-Petris-Short (LPS) Act, commencing with Section 5000, of Part 1, Division 5 of the Welfare and Institutions Code).(p) "Office of Patients' Rights" means the contractor designated in accordance with Section 5510 of the Welfare and Institutions Code. The contractor is delegated the responsibility for providing direct advocacy and investigative services in the state hospitals and technical assistance, training and advice regarding patients' rights to advocates, mental health programs and/or patients.(q) "Package" means a wrapped or boxed object, a parcel, or a container in which something is packed for storage, mailing, or transporting.(r) "Patient" means a person placed in or committed to a facility under authority of law for care and treatment.(s) "Patients' Rights Advocate" means the person in the facility delegated the responsibility for reviewing and attempting to resolve patients' rights complaints and for ensuring that patients' rights of mentally disordered persons in the facility are observed and protected. This individual shall have no direct or indirect clinical or administrative responsibility for the person receiving mental health services.(t) "Physical restraint" means the direct application of physical force and/or approved restraining devices and methods to an individual, to restrict and/or limit freedom of movement.(u) "Privacy" means being free from observation by individuals of the opposite sex during medical examinations, personal care, bathing and restroom use, except during emergencies and necessary supervision by staff.(v) "Protective isolation" means the separation of a patient from other patients and the normal living environment to protect that individual from harm by others.(w) "Safety" means protection of persons and property from potential danger, risk, injury, harm or damage.(x) "Security" means the measures necessary to achieve the management and accountability of patients of the facility, staff, and visitors, as well as property of the facility.(y) "Seclusion" means the involuntary confinement of a person in a locked room or any area where the person is physically prevented from leaving.(z) "Treatment" means clinical intervention and action that is devised and implemented based on comprehensive assessment of the patient by the interdisciplinary team and that is designed to improve or stabilize a diagnosed mental and/or physical condition.(aa) "Treatment Plan" means the method developed by the interdisciplinary team to implement treatment for the patient on an ongoing basis. The treatment plan is documented in writing in the patient's medical record, includes specific goals and objectives, identifies a continuum of care, and is reviewed and modified at frequent intervals by the interdisciplinary team.Cal. Code Regs. Tit. 9, § 881
1. New section filed 6-4-2003; operative 7-4-2003 (Register 2003, No. 23).
2. Amendment of subsection (m) filed 8-31-2015; operative 10-1-2015 (Register 2015, No. 36). Note: Authority cited: Sections 4005.1 and 4027, Welfare and Institutions Code. Reference: Sections 4005.1 and 4027, Welfare and Institutions Code.
1. New section filed 6-4-2003; operative 7-4-2003 (Register 2003, No. 23).
2. Amendment of subsection (m) filed 8-31-2015; operative 10/1/2015 (Register 2015, No. 36).