California Welfare and Institutions Code § 4080

Welfare and Institutions Code
Open in Lexace · Ask the AI about this section
(a) Psychiatric health facilities, as defined in Section 1250.2 of the Health and Safety Code, shall only be licensed by the State Department of Health Care Services subsequent to application by counties, county contract providers, or other organizations pursuant to this part. (b) (1) For counties or county contract providers that choose to apply, the local behavioral health director shall first present to the local behavioral health advisory board for its review an explanation of the need for the facility and a description of the services to be provided. The local behavioral health director shall then submit to the governing body the explanation and description. The governing body, upon its approval, may submit the application to the State Department of Health Care Services. (2) Other organizations that will be applying for licensure and do not intend to use any Bronzan-McCorquodale funds pursuant to Section 5707 shall submit to the local behavioral health director and the governing body in the county in which the facility is to be located a written and dated proposal of the services to be provided. The local behavioral health director and governing body shall have 30 days during which to provide advice and recommendations regarding licensure, as they deem appropriate. At any time after the 30-day period, the organizations may then submit their applications, along with the behavioral health director’s and governing body’s advice and recommendations, if any, to the State Department of Health Care Services. (c) The State Fire Marshal and other appropriate state agencies, to the extent required by law, shall cooperate fully with the State Department of Health Care Services to ensure that the State Department of Health Care Services approves or disapproves the licensure applications not later than 90 days after the application submission by a county, county contract provider, or other organization. (d) Every psychiatric health facility and program for which a license has been issued shall be periodically inspected by a multidisciplinary team appointed or designated by the State Department of Health Care Services. The inspection shall be conducted no less than once every two years and as often as necessary to ensure the quality of care provided. During the inspections the review team shall offer advice and assistance to the psychiatric health facility as it deems appropriate. (e) (1) The program aspects of a psychiatric health facility that shall be reviewed and may be approved by the State Department of Health Care Services shall include, but not be limited to: (A) Activities programs. (B) Administrative policies and procedures. (C) Admissions, including provisions for a mental evaluation. (D) Discharge planning. (E) Health records content. (F) Health records services. (G) Interdisciplinary treatment teams. (H) Nursing services. (I) Patient rights. (J) Pharmaceutical services. (K) Program space requirements. (L) Psychiatrist and clinical psychological services. (M) Rehabilitation services. (N) Restraint and seclusion. (O) Social work services. (P) Space, supplies, and equipment. (Q) Staffing standards. (R) Unusual occurrences. (S) Use of outside resources, including agreements with general acute care hospitals. (T) Linguistic access and cultural competence. (U) Structured outpatient services to be provided under special permit. (V) Substance use disorder services, if the psychiatric health facility admits persons diagnosed only with a severe substance use disorder in accordance with Section 4080.5. (2) The State Department of Health Care Services has the sole authority to grant program flexibility. (f) The State Department of Health Care Services may adopt regulations regarding psychiatric health facilities that shall include, but not be limited to, all of the following: (1) Procedures by which the State Department of Health Care Services shall review and may approve the program and facility requesting licensure as a psychiat

‹ Prev All California sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.