Section 1439 - Psychotropic MedicationsThe health administrator/responsible physician, in cooperation with the behavioral/mental health director and the facility administrator, shall develop and implement written policies and procedures governing the use of voluntary and involuntary psychotropic medications.
(a) These policies and procedures shall include, but not be limited to:(1) protocols for health care providers written and verbal orders for psychotropic medications in dosages appropriate to the youth's need;(2) the length of time medications may be ordered and administered before re-evaluation by a health care provider;(3) provision that youth who are on psychotropic medications prescribed in the community are continued on their medications when clinically indicated pending verification in a timely manner by a health care provider(4) re-evaluation and further determination of continuing psychotropic medication, if needed, shall be made by a health care provider;(5) provision that the necessity for uninterrupted continuation on psychotropic medications is addressed in pre-release planning and prior to transfer to another facility or program including authorization for transfer of prescriptions; and,(6) provision for regular clinical/administrative review of utilization patterns for all psychotropic medications, including every emergency situation.(b) Psychotropic medications shall not be administered to a youth absent an emergency unless informed consent has been given by the legally authorized person or entity. (1) Youth shall be informed of the expected benefits, potential side effects and alternatives to psychotropic medications.(2) Absent an emergency, youth may refuse psychotropic medication without disciplinary consequences.(c) Youth found by a health care provider to be an imminent danger to themselves or others by reason of a mental disorder may be involuntarily given psychotropic medication immediately necessary for the preservation of life or the prevention of serious bodily harm, and when there is insufficient time to obtain consent from the parent, guardian, or court before the threatened harm would occur. It is not necessary for harm to take place or become unavoidable prior to initiating treatment. All involuntary administrations of psychotropic medications shall be documented and reviewed by the facility administrator or designee and health administrator.(d) Assessment and diagnosis must support the administration of psychotropic medications. Administration of psychotropic medication is not allowed for coercion, discipline, convenience or retaliation.Cal. Code Regs. Tit. 15, § 1439
1. New section filed 3-6-97; operative 4-5-97 (Register 97, No. 10).
2. Amendment of subsections (b) and (d) filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26).
3. Amendment of subsection (d) filed 6-18-2007; operative 7-18-2007 (Register 2007, No. 25).
4. Amendment of section and NOTE filed 12-2-2013; operative 4-1-2014 (Register 2013, No. 49).
5. Amendment filed 11-14-2018; operative 1-1-2019 (Register 2018, No. 46). Note: Authority cited: Sections 210 and 885, Welfare and Institutions Code. Reference: Section 209, Welfare and Institutions Code.
1. New section filed 3-6-97; operative 4-5-97 (Register 97, No. 10).
2. Amendment of subsections (b) and (d) filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26).
3. Amendment of subsection (d) filed 6-18-2007; operative 7-18-2007 (Register 2007, No. 25).
4. Amendment of section and Note filed 12-2-2013; operative 4-1-2014 (Register 2013, No. 49).
5. Amendment filed 11-14-2018; operative 1/1/2019 (Register 2018, No. 46).