Cal. Code Regs. tit. 22 § 85175

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

Section 85175 - Seclusion Room

(a) In addition to Section 85122, a licensee at a facility with a seclusion room, shall not:

(1) Use the seclusion room for another purpose such as a bedroom, a bathroom, or for storage.

(2) Use the seclusion room without a fire clearance allowing the use of the seclusion room from the city, county, or city and county fire department or district providing fire protection services, or the State Fire Marshal.

(A) The request for the fire clearance for use of the seclusion room shall be made through the Department and compliance with it shall be maintained by the licensee.

(3) Use the seclusion room without prior approval by the Department.

(A) The licensee shall submit the following to the Department in order to receive approval from the Department for the use of the seclusion room:

1. if applicable, Facility Sketch and

2. the staffing plan to be maintained for the use of the seclusion room.

(4) Deprive a client placed in the seclusion room of daily living functions, as specified in Section 80072(a)(3).

(5) Include a locking or jamming device on the door of the seclusion room.

(A) The seclusion room door shall only be shut in a manner providing for immediate release upon removal of a staff member's foot, hand, and/or body.

(6) Place a person with a developmental disability in seclusion, in accordance with California Code of Regulations, Title 17, Division 2, Chapter 1, Subchapter 5, Article 2, Section 50515.

(7) Use a room or another area for a seclusion that is not identified as the seclusion room in the Plan of Operations.

(b) A control for the lighting of the seclusion room shall be located outside the room. A dimmer switch may be used if indicated in the client's Individual Emergency Intervention Plan. In order to ensure supervision of the safety of the client, in no event shall the light be completely turned off while the room is in use.

(c) A seclusion room shall be free of hazards such as objects or fixtures which can be broken or used by a client to inflict injury to self or others.

Cal. Code Regs. Tit. 22, § 85175

1. Change without regulatory effect renumbering former section 85375 to new section 85175, including amendment of subsection (a), 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 1501, 1509 and 1531, Health and Safety Code.