AB 918, as introduced, Mark Stone. Health and care facilities: seclusion and behavioral restraints.
Existing law requires the Secretary of Health and Human Services to develop technical assistance and training programs to support the efforts of community care facilities, group homes, skilled nursing facilities, intermediate care facilities, and mental health rehabilitation centers, among others, to reduce or eliminate the use of seclusion and behavioral restraints in these facilities. Existing law requires the secretary to take steps to establish a system of mandatory, consistent, timely, and publicly accessible data collection regarding the use of seclusion and behavioral restraints in all facilities.
The bill would require these facilities to report to the protection and advocacy agency designated by the Governor each death or serious injury of a person occurring during, or related to, the use of seclusion or behavioral restraints.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 1180.3 of the Health and Safety Code is
2amended to read:
(a) This section shall apply to psychiatric units of
4general acute care hospitals, acute psychiatric hospitals, psychiatric
5health facilities, crisis stabilization units, community treatment
6facilities, group homes, skilled nursing facilities, intermediate care
7facilities, community care facilities, and mental health
9(b) (1) The secretary or his or her designee shall develop
10technical assistance and training programs to support the efforts
11of facilities to reduce or eliminate the use of seclusion and
12behavioral restraints in those facilities that utilize them.
13(2) Technical assistance and training programs
14designed with the input of stakeholders, including clients and direct
15care staff, and should be based on best practices that lead to the
16avoidance of the use of seclusion and behavioral restraints. In order
17to avoid redundancies and to promote consistency across various
18types of facilities, it is the intent of the Legislature that the technical
19assistance and training program, to the extent possible, be based
20on that developed pursuant to Section 1180.2.
21(c) (1) The secretary or his or her designee shall take steps to
22establish a system of mandatory, consistent, timely, and publicly
23accessible data collection regarding the use of seclusion and
24behavioral restraints in all facilities described in subdivision (a)
25that utilize seclusion and behavioral restraints. In determining a
26system of data collection, the secretary should utilize existing
27efforts, and direct new or ongoing efforts, of associated state
28 departments to revise or improve their data collection systems.
29The secretary or his or her designee shall make recommendations
30for a mechanism to ensure compliance by facilities, including, but
31not limited to, penalties for failure to report in a timely manner. It
32is the intent of the Legislature that data be compiled in a manner
33that allows for standard statistical comparison and be maintained
34for each facility subject to reporting requirements for the use of
35seclusion and behavioral restraints.
36(2) The secretary shall develop a mechanism for making this
37information, as it becomes available, publicly available on the
38Internet. For data currently being collected, this paragraph shall
P3 1be implemented as soon as it reasonably can be achieved within
2existing resources. As new reporting requirements are developed
3and result in additional data becoming available, this additional
4data shall be included in the data publicly available on the Internet
5 pursuant to this paragraph.
6(3) At the direction of the secretary, the departments shall
7cooperate and share resources for developing uniform reporting
8for all facilities. Uniform reporting of seclusion and behavioral
9restraint utilization information shall, to the extent possible, be
10incorporated into existing reporting requirements for facilities
11described in subdivision (a).
12(4) Data collected pursuant to this subdivision shall include all
13of the data described in paragraph (3) of subdivision (d) of Section
15(5) The secretary or his or her designee shall work with the
16state departments that have responsibility for oversight of the use
17of seclusion and behavioral restraints to review and eliminate
18redundancies and outdated requirements in the reporting of data
19on the use of seclusion and behavioral restraints in order to ensure
21(d) Neither the agency nor any department shall be required to
22implement this section if implementation cannot be achieved within
23existing resources, unless additional funding for this purpose
24becomes available. The agency and involved departments may
25incrementally implement this section in order to accomplish its
26goals within existing resources, through the use of federal or private
27funding, or upon the subsequent appropriation of funds by the
28Legislature for this purpose, or all of these.