Section 50501 - Definitions(a) As used in this subchapter the following words and phrases have the specified meaning: (1) Client. "Client" means any person with a developmental disability who is receiving services, is an applicant for services, or has been referred for services pursuant to the Lanterman Developmental Disabilities Services Act.(2) Clients' rights advocate. "Clients' rights advocate" means the individual or individuals assigned by a regional center or state hospital to be responsible for clients' rights assurance for persons with developmental disabilities.(3) Clients' Rights Assurance. "Clients' Rights Assurance" refers to the comprehensive program of ensuring that the civil, legal and service rights of persons with developmental disabilities are available and guaranteed to such persons.(4) Clients' Rights Officer. "Clients' Rights Officer" is the person assigned by the director to implement the department's clients' rights assurance endeavors on a statewide basis and to provide technical assistance and functional supervision to the network of clients' rights advocates throughout California.(5) Community care facility. "Community care facility" means any licensed facility defined in Health and Safety Code Section 1502.(6) Department. "Department" means the State Department of Developmental Services.(7) Developmental disability. "Developmental disability" means any condition included within the definition of this term by Welfare and Institutions Code Section 4512(a) and applicable regulations promulgated by the Director.(8) Director. "Director" means the Director of the State Department of Developmental Services.(9) Health facility. "Health facility" means any licensed facility defined in Health and Safety Code Section 1250.(10) Postural support. "Postural support" refers to any device other than orthopedic braces used to assist clients in achieving proper body position and balance. These devices are distinguished from restraints.(11) Physician. "Physician" means a person licensed as a physician and surgeon by the California Board of Medical Quality Assurance or California Board of Osteopathic Examiners.(12) Professional person in charge of the facility. "Professional person in charge of the facility" means: (A) In a health facility, a physician, psychiatrist, psychologist, social worker, or registered nurse who is designated by the licensee as the professional person clinically in charge of the facility.(B) In a community care facility, the administrator of the facility as designated by the licensee.(C) In a state hospital, the chief executive officer of such hospital.(13) Psychiatrist. "Psychiatrist" means a person who is licensed as a physician and surgeon by the California Board of Medical Quality Assurance or the California Board of Osteopathic Examiners and who is certified or eligible for certification by the American Board of Psychiatry and Neurology, or the American Osteopathic Board of Neurology and Psychiatry, or is a physician who is licensed by the California Board of Medical Quality Assurance or the California Board of Osteopathic Examiners and has specialized training and/or experience in psychiatry.(14) Psychologist. "Psychologist" means a person licensed by the California Board of Medical Quality Assurance and (1) who possesses an earned doctorate degree in psychology from an educational institution meeting the criteria of subdivision (c) of Section 2914 of the Business and Professions Code and (2) has not less than two years of clinical experience in a multidisciplinary facility licensed or operated by this or another state, or by the U.S. to provide health care, or is listed in the National Register of Health Service Providers in Psychology, as adopted by the Council for the National Register of Health Service Providers in Psychology.(15) Registered nurse. "Registered nurse" means a person licensed as such by the California Board of Registered Nursing.(16) Restraint. "Restraint" means control of the client's behavior or activities through the use of physical or pharmaceutical means other than postural supports. For the purpose of these regulations, restraint is distinguished from the temporary constraint of a client by direct physical contact only, where there is clear evidence for believing the existence of an imminent danger to either the client or others if such constraint is not accomplished.(17) Seclusion. "Seclusion" is the involuntary isolation of a client in a locked room. As used in this subchapter, seclusion does not include isolation of a client for the purpose of containing any contagious disease when written order of a physician directs such isolation for this limited purpose. Such medical isolation shall not be in a locked room unless the physician's order expressly directs it on the basis of a finding that, if not locked, the particular client's isolation cannot be maintained.(18) Service catchment area. "Service catchment area" refers to that geographical area within which a regional center provides services specified in its contract with the Department as required by Welfare and Institutions Code Section 4640.(19) Social worker. "Social worker" means a person who is a graduate of a school of social work accredited or approved by the Council on Social Work Education and has one year of social work experience in a health care setting or who is licensed as such by the California Board of Behavioral Science Examiners.(20) Services. "Services" means anything included within the definition of services set forth in Welfare and Institutions Code Section 4512(b) and in regulations promulgated by the Director.(21) State hospital. "State hospital" means any of the licensed state operated health facilities designated in Welfare and Institutions Code Section 4440.(b) Any word, term, or phrase not specifically defined but used in this subchapter shall have the meaning ascribed by common, contemporary accepted usage unless to do so would result in absurd interpretation or otherwise be inconsistent with its context. In cases of conflict in construction, words, phrases, or terms of art shall have the meaning apparent by their context and most reconcilable with the intent of this subchapter.(c) Use of the masculine gender in this subchapter shall be understood as including the feminine and use of the singular as including the plural.Cal. Code Regs. Tit. 17, § 50501
Note: Authority cited: Section 11152, Government Code. Reference: Sections 4415 and 4416, Welfare and Institutions Code.