AB 918, as amended, 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
begin delete the secretaryend delete 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 begin delete all facilities.end delete
The bill would
begin delete require these
facilitiesend delete 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.
begin deleteno end delete.
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
27amended to read:
(a) This section shall apply to psychiatric units of
29general acute care hospitals, acute psychiatric hospitals, psychiatric
30health facilities, crisis stabilization units, community treatment
31facilities, group homes, skilled nursing facilities, intermediate care
P3 1facilities, community care facilities, and mental health
3(b) (1) The secretary or his or her designee shall develop
4technical assistance and training programs to support the efforts
5of facilities to reduce or eliminate the use of seclusion and
6behavioral restraints in those facilities that utilize them.
7(2) Technical assistance and training programs
8designed with the input of stakeholders, including clients and direct
9care staff, and should be based on best practices that lead to the
10avoidance of the use of seclusion and behavioral restraints. In order
11to avoid redundancies and to promote consistency across various
12types of facilities, it is the intent of the Legislature that the technical
13assistance and training program, to the extent possible, be based
14on that developed pursuant to Section 1180.2.
15(c) (1) The secretary or his or her designee shall take steps to
16establish a system of mandatory, consistent, timely, and publicly
17accessible data collection regarding the use of seclusion and
18behavioral restraints in all facilities described in subdivision (a)
19that utilize seclusion and behavioral restraints. In determining a
20system of data collection, the secretary should utilize existing
21efforts, and direct new or ongoing efforts, of associated state
22 departments to revise or improve their data collection systems.
23The secretary or his or her designee shall make recommendations
24for a mechanism to ensure compliance by facilities, including, but
25not limited to, penalties for failure to report in a timely manner. It
26is the intent of the Legislature that data be compiled in a manner
27that allows for standard statistical comparison and be maintained
28for each facility subject to reporting requirements for the use of
29seclusion and behavioral restraints.
30(2) The secretary shall develop a mechanism for making this
31information, as it becomes available, publicly available on the
32Internet. For data currently being collected, this paragraph shall
33be implemented as soon as it reasonably can be achieved within
34existing resources. As new reporting requirements are developed
35and result in additional data becoming available, this additional
36data shall be included in the data publicly available on the Internet
37 pursuant to this paragraph.
38(3) At the direction of the secretary, the departments shall
39cooperate and share resources for developing uniform reporting
40for all facilities. Uniform reporting of seclusion and behavioral
P4 1restraint utilization information shall, to the extent possible, be
2incorporated into existing reporting requirements for facilities
3described in subdivision (a).
4(4) Data collected pursuant to this subdivision shall include all
5of the data described in paragraph (3) of subdivision (d) of Section
7(5) The secretary or his or her designee shall work with the
8state departments that have responsibility for oversight of the use
9of seclusion and behavioral restraints to review and eliminate
10redundancies and outdated requirements in the reporting of data
11on the use of seclusion and behavioral restraints in order to ensure
13(d) Neither the agency nor any department shall be required to
14implement this section if implementation cannot be achieved within
15existing resources, unless additional funding for this purpose
16becomes available. The agency and involved departments may
17incrementally implement this section in order to accomplish its
18goals within existing resources, through the use of federal or private
19funding, or upon the subsequent appropriation of funds by the
20Legislature for this purpose, or all of these.
21(e) A facility described in subdivision (a) shall report each death
22or serious injury of a person occurring during, or related to, the
23use of seclusion or behavioral restraints. This report shall be made
24to the agency designated in subdivision (i) of Section 4900 of the
25Welfare and Institutions Code no later than the close of the business
26day following the death or injury. The report shall include the
27encrypted identifier of the person involved, and the name, street
28address, and telephone number of the facility.