Section 89572.2 - Personal Rights for Children with Special Health Care Needs(a) A "child with special health care needs" is afforded all of the personal rights specified in Section 89372, Personal Rights. Additionally, the following personal rights shall be afforded: (1) A "child with special health care needs" has the right to be free of the administration of medication or chemical substances except as specifically provided in the individualized health care plan for a "child."(2) A "child with special health care needs" has the right to be free from any restraining or postural support device except as required to treat the specific medical symptoms of a "child" and addressed or outlined in the individualized health care plan for the "child." (A) Physical restraining devices may be used for the protection of a "child with special health care needs" during treatment and diagnostic procedures. The restraining device, which shall not have a locking device, shall be applied for no longer than the time required to complete the treatment and shall be applied in conformance with the individualized health care plan for a "child." The individualized health care plan for a "child" shall include all of the following: 1. The specific medical symptom(s) that require use of the restraining device.2. An evaluation of less restrictive therapeutic interventions and the reason(s) for ruling out these other practices.3. A written order by the physician for a "child." The order must specify the duration and circumstances under which the restraining device is to be used.(B) Postural supports, as specified in Section 89475.2, subsections (a)(1)(A) through (C), and protective devices as specified in Section 89475.2, subsection (a)(2)(A), may be used if prescribed in the individualized health care plan for a "child." The method of application shall be specified in the individualized health care plan for a "child" and approved in writing by the physician for a "child."Cal. Code Regs. Tit. 22, § 89572.2
1. Renumbering of former section 87072.2 to section 89572.2, including amendment of section and NOTE, filed 6-26-2002 as an emergency; operative 7-1-2002 (Register 2002, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-29-2002 or emergency language will be repealed by operation of law on the following day.
2. Renumbering of former section 87072.2 to section 89572.2, including amendment of section and NOTE, refiled 10-28-2002 as an emergency; operative 10-29-2002 (Register 2002, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-26-2003 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 10-28-2002 order, including further amendments, transmitted to OAL 2-25-2003 and filed 4-9-2003 (Register 2003, No. 15).
4. Change without regulatory effect amending subsection (a)(1) filed 7-1-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 27).
5. Amendment of section and NOTE filed 3-4-2010; operative 4-3-2010 (Register 2010, No. 10). Note: Authority cited: Section 17730, Welfare and Institutions Code; Section 1530, Health and Safety Code; and Section 21 of Assembly Bill (AB) 1695 (Chapter 653, Statutes of 2001). Reference: Sections 361.2(j)(1)(A), 16001.9, 17730 and 17736, Welfare and Institutions Code.
1. Renumbering of former section 87072.2 to section 89572.2, including amendment of section and Note, filed 6-26-2002 as an emergency; operative 7-1-2002 (Register 2002, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-29-2002 or emergency language will be repealed by operation of law on the following day.
2. Renumbering of former section 87072.2 to section 89572.2, including amendment of section and Note, refiled 10-28-2002 as an emergency; operative 10-29-2002 (Register 2002, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-26-2003 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 10-28-2002 order, including further amendments, transmitted to OAL 2-25-2003 and filed 4-9-2003 (Register 2003, No. 15).
4. Change without regulatory effect amending subsection (a)(1) filed 7-1-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 27).
5. Amendment of section and Note filed 3-4-2010; operative 4-3-2010 (Register 2010, No. 10).