Cal. Code Regs. tit. 9 § 4800

Current through Register 2024 Notice Reg. No. 49, December 6, 2024

Section 4800 - Definitions

(a) "Department" shall mean the Department of State Hospitals.

(b) "Enhanced Treatment Program" or "ETP," as used in this chapter, authorized under Health and Safety Code section 1265.9, is a pilot program aimed at treating a Patient at High Risk of Most Dangerous Behavior who may benefit from concentrated, evidence-based clinical therapy and structured milieu or treatment with the goal of reducing the risk of violent behavior in a Standard Treatment Environment.

(c) "Forensic Needs Assessment Panel" or "FNAP," as used in this chapter, is a panel that consists of one psychiatrist, one psychologist, and a medical director or their designee. The FNAP convenes a placement evaluation meeting for each ETP patient in accordance with Welfare and Institutions Code section 4144, subdivisions (c) and (d). None of the FNAP members shall be involved in an ETP patient's treatment or diagnosis at the time of that patient's placement evaluation meeting. The Department shall utilize the panel to determine if the patient clinically requires ETP treatment and to certify ETP placement.

(d) "Forensic Needs Assessment Team" or "FNAT," as used in this chapter, is a panel of psychologists, not part of the ETP Treatment Team, with expertise in forensic assessment or violence risk assessment. Each FNAT shall have a supervising psychologist, who shall assign an ETP case or group of cases to each FNAT psychologist.

(e) "Individualized Treatment Interventions," as used in this chapter, means interventions provided to a patient to address patient-specific risk factors for highest risk of violence.

(f) "Most Dangerous Behavior," as used in this chapter, means aggressive acts that may cause substantial physical harm upon others in an inpatient setting.

(g) "Standard Treatment Environment," as used in this chapter, means any non-ETP setting at a Department state hospital.

(h) "Standardized Violence Risk Assessment," as used in this chapter, is a violence risk assessment of an ETP patient using the Standardized Violence Risk Assessment Methodologies defined in subdivision (i) of this section.

(i) "Standardized Violence Risk Assessment Methodologies," as used in this chapter, are reliable and valid methods used in violence risk assessment, which may include, but are not limited to, an analysis of the severity, frequency, and intensity of a patient's past violent behavior, and an evaluation of the static and dynamic violence risk factors.

(j) "Treatment Team," as used in this chapter, is a group of ETP treatment providers assigned to an ETP patient and generally includes a primary psychiatrist, a psychologist, a clinical social worker, a rehabilitation therapist, a registered nurse, and a psychiatric technician.

(k) "Patient at High Risk of Most Dangerous Behavior," as used in this chapter, means a patient has a history of physical violence and currently poses a demonstrated danger of inflicting substantial physical harm upon others in an inpatient setting, as determined by an in-depth Standardized Violence Risk Assessment conducted by the Department.

Cal. Code Regs. Tit. 9, § 4800

1. New chapter 17 (articles 1-5, sections 4800-5200), article 1 (section 4800) and section filed 4-23-2020 as an emergency; operative 4-23-2020 (Register 2020, No. 17). This action is a deemed emergency pursuant to Welfare and Institutions Code section 4144(m). A Certificate of Compliance must be transmitted to OAL by 10-20-2020 or emergency language will be repealed by operation of law on the following day.
2. Emergency filed 4-23-2020 extended 60 days (Executive Order N-40-20) (Register 2020, No. 19). A Certificate of Compliance must be transmitted to OAL by 12-21-2020 or emergency language will be repealed by operation of law on the following day.
3. Emergency filed 4-23-2020 extended an additional 60 days pursuant to Executive Order N-66-20 (Register 2020, No. 37). A Certificate of Compliance must be transmitted to OAL by 2-19-2021 or emergency language will be repealed by operation of law on the following day.
4. Repealer of chapter 17 (articles 1-5, sections 4800-5200), article 1 (section 4800) and section by operation of Government Code section 11346.1(g) (Register 2021, No. 9).
5. Readoption of chapter 17 (articles 1-5, sections 4800-5200), article 1 (section 4800) and section filed 3-29-2021 as an emergency; operative 3-29-2021 (Register 2021, No. 14). This action is a deemed emergency pursuant to Welfare and Institutions Code section 4144(m). Expiration date of emergency extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-71-20). A Certificate of Compliance must be transmitted to OAL by 10-26-2021 or emergency language will be repealed by operation of law on the following day.
6. Readoption of chapter 17 (articles 1-5, sections 4800-5200), article 1 (section 4800) and section filed 10-21-2021 as an emergency; operative 10-27-2021 pursuant to Government Code section 11346.1(d) (Register 2021, No. 43). This action is a deemed emergency pursuant to Welfare and Institutions Code section 4144(m). A Certificate of Compliance must be transmitted to OAL by 1-25-2022 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 10-21-2021 order, including amendment of section, transmitted to OAL 12-30-2021 and filed 2-11-2022; amendments effective 2-11-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 6).

Note: Authority cited: Sections 4005.1, 4027, 4101, 4143 and 4144, Welfare and Institutions Code. Reference: Section 4144, Welfare and Institutions Code.

1. New chapter 17 (articles 1-5, sections 4800-5200), article 1 (section 4800) and section filed 4-23-2020 as an emergency; operative 4/23/2020 (Register 2020, No. 17). This action is a deemed emergency pursuant to Welfare and Institutions Code section 4144(m). A Certificate of Compliance must be transmitted to OAL by 10-20-2020 or emergency language will be repealed by operation of law on the following day.
2. Emergency filed 4-23-2020 extended 60 days (Executive Order N-40-20) (Register 2020, No. 19). A Certificate of Compliance must be transmitted to OAL by 12-21-2020 or emergency language will be repealed by operation of law on the following day.
3. Emergency filed 4-23-2020 extended an additional 60 days pursuant to Executive Order N-66-20 (Register 2020, No. 37). A Certificate of Compliance must be transmitted to OAL by 2-19-2021 or emergency language will be repealed by operation of law on the following day.
4. Repealer of chapter 17 (articles 1-5, sections 4800-5200), article 1 (section 4800) and section by operation of Government Code section 11346.1(g) (Register 2021, No. 9).
5. Readoption of chapter 17 (articles 1-5, sections 4800-5200), article 1 (section 4800) and section filed 3-29-2021 as an emergency; operative 3/29/2021 (Register 2021, No. 14). This action is a deemed emergency pursuant to Welfare and Institutions Code section 4144(m). Expiration date of emergency extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-71-20). A Certificate of Compliance must be transmitted to OAL by 10-26-2021 or emergency language will be repealed by operation of law on the following day.
6. Readoption of chapter 17 (articles 1-5, sections 4800-5200) , article 1 (section 4800) and section filed 10-21-2021 as an emergency; operative 10/27/2021 pursuant to Government Code section 11346.1(d) (Register 2021, No. 43). This action is a deemed emergency pursuant to Welfare and Institutions Code section 4144(m). A Certificate of Compliance must be transmitted to OAL by 1-25-2022 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 10-21-2021 order, including amendment of section, transmitted to OAL 12-30-2021 and filed 2-11-2022; amendments effective 2/11/2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 6).