§ 1180.5. — 1180.5. (Added by Stats. 2003, Ch. 750, Sec. 2.)

California § 1180.5.

• Jurisdiction: California
• Code HSC: Health and Safety Code - HSC
• Div. 1.5.: DIVISION 1.5. USE OF SECLUSION AND BEHAVIORAL RESTRAINTS IN FACILITIES

Text

(a)
A facility described in subdivision (a) of Section 1180.2 or subdivision (a) of Section 1180.3 shall conduct a clinical and quality review for each episode of the use of seclusion or behavioral restraints.
(b)
A facility described in subdivision (a) of Section 1180.2 or subdivision (a) of Section 1180.3 shall, as quickly as possible but no later than 24 hours after the use of seclusion or behavioral restraints, conduct a debriefing regarding the incident with the person, and, if the person requests it, the person’s family member, domestic partner, significant other, or authorized representative, if the desired third party can be present at the time of the debriefing at no cost to the facility, as well as with the staff members involved in the incident, if reasonably available, and a supervisor, to discuss how to avoid a similar incident in the future. The person’s participation in the debriefing shall be voluntary. The purposes of the debriefing shall be to do all of the following:
(1)
Assist the person to identify the precipitant of the incident, and suggest methods of more safely and constructively responding to the incident.
(2)
Assist the staff to understand the precipitants to the incident, and to develop alternative methods of helping the person avoid or cope with those incidents.
(3)
Help treatment team staff devise treatment interventions to address the root cause of the incident and its consequences, and to modify the treatment plan.
(4)
Help assess whether the intervention was necessary and whether it was implemented in a manner consistent with staff training and facility policies.
(c)
The facility shall, in the debriefing, provide both the person and staff the opportunity to discuss the circumstances resulting in the use of seclusion or behavioral restraints, and strategies to be used by the staff, the person, or others that could prevent the future use of seclusion or behavioral restraints.
(d)
The facility staff shall document in the person’s record that the debriefing session took place and any changes to the person’s treatment plan that resulted from the debriefing.

Legislative History

Added by Stats. 2003, Ch. 750, Sec. 2. Effective January 1, 2004.