Cal. Code Regs. tit. 9 § 4904

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

Section 4904 - Emergency Placement

(a) A referred patient may be placed in the ETP prior to completion of the initial evaluation by the FNAT psychologist, pursuant to Section 4901, if they present a high risk of Most Dangerous Behavior such that placement in the ETP is immediately necessary for the preservation of life or the prevention of serious bodily harm to others. Within three days of placement in the ETP, the FNAT psychologist shall complete the initial evaluation of a patient placed in the ETP pursuant to this section in accordance with Section 4901 and the requirements set forth in Welfare and Institutions Code section 4144, subdivision (b).

(1) The FNAT supervising psychologist or designee shall verify that the referring hospital has notified the patients' rights advocate and conservator, if applicable, of the ETP placement.

(2) Within seven business days of placement in an ETP and with 72-hour notice to the patient and patients' rights advocate, the FNAP shall conduct a placement evaluation meeting with the referring psychiatrist or psychologist, the patient, patients' right advocate, conservator, if applicable, and the FNAT psychologist who performed the initial evaluation. The FNAP shall make a determination as to whether the patient clinically requires ETP treatment pursuant to Welfare and Institutions Code section 4144, subdivision (c)(1).

(3) If a patient has shown improvement during their placement in an ETP, the FNAP may delay its certification decision for another seven business days.

Cal. Code Regs. Tit. 9, § 4904

1. New 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 A Certificate of Compliance must be transmitted to OAL by 10-20-2020 or emergency language will be repealed by operation of law on the following day.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 A Certificate of Compliance must be transmitted to OAL by 12-21-2020 or emergency language will be repealed by operation of law on the following day.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 A Certificate of Compliance must be transmitted to OAL by 2-19-2021 or emergency language will be repealed by operation of law on the following day.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. Repealed by operation of Government Code section 11346.1(g) (Register 2021, No. 9).
5. Readoption of 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 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 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. Repealed by operation of Government Code section 11346.1(g) (Register 2021, No. 9).
5. Readoption of 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 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).