Cal. Code Regs. tit. 22 § 85102

Current through Register 2024 Notice Reg. No. 25, June 21, 2024

Section 85102 - Emergency Intervention Prohibitions

Notwithstanding 85300(a), Section 85102 shall apply to all Adult Residential Facilities as follows:

(a) The following emergency interventions shall not be used on a client:

(1) Mechanical restraints;

(2) Manual restraint as an extended procedure;

(3) Manual restraint or seclusion when imminent risk of serious physical harm to self or others is no longer present;

(4) Adverse behavior modifications, including but not limited to body shaking, water spray, slapping, pinching, ammonia vapors, sensory deprivation and electric shock;

(5) Pain, induced to control behavior or limit movement, including but not limited to arm twisting, finger bending, joint extensions and headlocks;

(6) Any manual restraint technique that obstructs a person's airway or impairs or restricts breathing or circulation;

(7) Manual restraint with the person's hands held or restrained behind the person's back;

(8) Any manual restraint technique in which a staff member places pressure on a person's back or places his or her body weight against the person's torso or back;

(9) Placement of an item that covers the head or face;

(A) Padding, placed under the head, to prevent injury is permitted, provided it does not impair breathing.

(10) Chemical restraint or psychotherapeutic or behavior modifying drugs in a manner prohibited by Health and Safety Code section 1180.4(k);

(11) Techniques reasonably expected to cause serious injury that may require medical treatment from a health practitioner, licensed under division 2 of the Business and Professions Code;

(12) Verbal abuse or physical threats;

(13) Isolation in an area from which the client cannot voluntarily exit including, but not limited to, denying a request from a non-ambulatory client to exit a chair or an unlocked room. This prohibition does not apply to a Seclusion Room;

(14) Manual restraint or seclusion for more than 15 consecutive minutes unless the licensee is in compliance with Section 85122(e)(6);

(15) Punishment, discipline, harassment, humiliation, coercion or retaliation.

(b) Manual restraint or seclusion shall not be used:

(1) As a substitution for staff;

(2) For the convenience of staff;

(3) As a substitute for, or as part of a treatment program;

(4) As a substitute for, or as part of a behavior modification program;

(5) To prevent a client from leaving a room or area or the facility when there is no immediate threat to health and safety of the individuals or others;

(6) When a client's medical or physical condition or the Client Medical Assessment indicates that there is reason to believe that the intervention would endanger the client's life or seriously worsens the client's medical condition;

(7) If it is prohibited by the facility's Emergency Intervention Plan or the client's Individual Emergency Intervention Plan.

Cal. Code Regs. Tit. 22, § 85102

1. Change without regulatory effect renumbering former section 85302 to new section 85102, including amendment of first paragraph and subsections (a)(14) and (b)(5)-(7), filed 1-2-2019 pursuant to section 100, title 1, California Code of Regulations (Register 2019, No. 1).

Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 1180.2, 1180.3, 1180.4, 1501, 1502 and 1531, Health and Safety Code.