BlackletterCalifornia law

PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT

Heading of Part 1 amended by Stats. 1977, Ch. 1252.

§§ 4000–4098.5 · 73 sections

  1. CHAPTER 1. General §§ 4000–4027 · 32 sections
    • § 4000 There is in the California Health and Human Services Agency a State Department of State Hospitals.
    • § 4001 As used in this division “state hospital” means any hospital specified in Section 4100.
    • § 4004 The department is under the control of an executive officer known as the Director of State Hospitals.
    • § 4005 With the consent of the Senate, the Governor shall appoint, to serve at his or her pleasure, the Director of State Hospitals. He or she shall have the powers…
    • § 4005.1 The State Department of State Hospitals, the State Department of Health Care Services, and the State Department of Social Services may adopt and enforce rules…
    • § 4005.4 All regulations heretofore adopted by the State Department of Health pursuant to authority now vested in the State Department of Mental Health by Section…
    • § 4005.5 All regulations relating to state hospitals previously adopted by the State Department of Mental Health pursuant to authority now vested in the State…
    • § 4005.6 All regulations heretofore adopted by the State Department of Mental Health pursuant to authority vested in the State Department of Health Care Services by…
    • § 4005.7 All regulations heretofore adopted by the State Department of Mental Health, and its successor, pursuant to authority vested in the State Department of Health…
    • § 4005.8 (a) The Deputy Director of the Office of Protective Services of the State Department of State Hospitals has oversight of all protective service components…
    • § 4006 With the approval of the Department of Finance and for use in the furtherance of the work of the State Department of State Hospitals, the director may accept…
    • § 4007 The department may expend in accordance with law all money now or hereafter made available for its use, or for the administration of any statute administered…
    • § 4008 (a) The department may expend money in accordance with law for the actual and necessary travel expenses of officers and employees of the department who are…
    • § 4009 The department may appoint and fix the compensation of such employees as it deems necessary, subject to the laws governing civil service.
    • § 4010 Except as in this chapter otherwise prescribed, the provisions of the Government Code relating to state officers and departments shall apply to the State…
    • § 4011 (a) The State Department of Health Care Services has jurisdiction over the execution of the laws relating to the care, custody, and treatment of persons with…
    • § 4011.5 In counties where hospitals under the jurisdiction of the State Department of State Hospitals are located, the state hospitals shall ensure that appropriate…
    • § 4012 The State Department of State Hospitals, the State Department of Health Care Services, and other departments as necessary, may: (a) Disseminate educational…
    • § 4012.5 The State Department of State Hospitals may obtain psychiatric, medical and other necessary aftercare services for judicially committed patients on leave of…
    • § 4015 (a) The State Department of State Hospitals shall, in coordination with the task force described in subdivision (c) and with other state entities, including,…
    • § 4016 In every place in which a person with a mental health disorder may be involuntarily held, the persons confined therein shall be permitted access to, and…
    • § 4017 (a) The department may provide information to the Controller to guide distribution of resources dedicated for mental health services under Chapter 6…
    • § 4021 (a) When the department has reason to believe that a person held in custody as having a mental health disorder is wrongfully deprived of his or her liberty, or…
    • § 4022 When complaint is made to the department regarding the officers or management of a hospital or institution for persons with mental health disorders, or…
    • § 4023 (a) The State Department of State Hospitals shall report to the agency described in subdivision (i) of Section 4900 the following incidents involving a…
    • § 4023.6 (a) The Office of Law Enforcement Support within the California Health and Human Services Agency shall investigate both of the following: (1) Any incident at a…
    • § 4023.7 (a) The Office of Law Enforcement Support shall be responsible for contemporaneous oversight of investigations that (1) are conducted by the State Department…
    • § 4023.8 (a) (1) Commencing October 1, 2016, the Office of Law Enforcement Support shall issue regular reports, no less than semiannually, to the Governor, the…
    • § 4024 The State Department of State Hospitals proposed allocations for level-of-care staffing in state hospitals that serve persons with mental disabilities shall be…
    • § 4024.7 The Governor or the Director of Health Care Services shall appoint, subject to confirmation by the Senate, a Deputy Director of Mental Health and Substance Use…
    • § 4025 Charges made by the department for the care and treatment of each patient in a facility maintained by the department shall not exceed the actual cost thereof…
    • § 4027 The State Department of State Hospitals may adopt regulations concerning patients’ rights and related procedures applicable to the inpatient treatment of…
  2. CHAPTER 2. Planning, Research, Evaluation and Quality Assurance §§ 4030–4061 · 16 sections
    1. ARTICLE 1. Planning, Research, Evaluation, and Quality Assurance §§ 4030–4033 · 4 sections
      • § 4030 The Director of Health Care Services shall organize appropriate staff of the department to ensure implementation of the planning, research, evaluation,…
      • § 4031 The State Department of Health Care Services shall, to the extent resources are available, do all of the following: (a) Conduct, sponsor, coordinate, and…
      • § 4032 The State Department of Health Care Services shall, when appropriate, give and receive grants and contracts for research, evaluation, and quality assurance…
      • § 4033 (a) The State Department of Health Care Services shall, to the extent resources are available, comply with the Substance Abuse and Mental Health Services…
    2. ARTICLE 2. Research and Evaluation §§ 4040–4046 · 7 sections
      • § 4040 The State Department of Health Care Services or State Department of State Hospitals may conduct, or contract for, research or evaluation studies that have…
      • § 4041 The department shall serve as a clearinghouse for information on research and evaluation studies relevant to mental health. The department shall review and…
      • § 4042 The State Department of State Hospitals shall cooperate and coordinate with other state and local agencies engaged in research and evaluation studies. Effort…
      • § 4043 (a) It is the intent of the Legislature that the department provide leadership in the establishment and funding of mental health research projects. The…
      • § 4044 Research performed pursuant to this chapter shall have as a priority serious mental disorders. Research shall be conducted in, or in collaboration with, state…
      • § 4045 In order to improve the quality of mental health care in this state, a portion of the funding for research pursuant to this chapter shall be used to provide…
      • § 4046 Notwithstanding any other law, designated staff of the State Department of State Hospitals shall have access to state summary criminal history information for…
    3. ARTICLE 3. Technical Assistance §§ 4050–4061 · 5 sections
      • § 4050 The State Department of Health Care Services shall provide, to the extent resources are available, technical assistance, through its own staff, or by contract,…
      • § 4051 The State Department of Health Care Services shall, to the extent resources are available, provide program development guidelines, evaluation models, and…
      • § 4052 The State Department of Health Care Services shall, to the extent resources are available, provide training in performance standards, model programs, cultural…
      • § 4060 The State Department of Health Care Services shall, in order to implement Section 4050, utilize a meaningful decisionmaking process that includes local mental…
      • § 4061 (a) The State Department of Health Care Services shall utilize a joint state-county decisionmaking process to determine the appropriate use of state and local…
  3. CHAPTER 3. Facility Licensing, Program Certification, and Ratesetting §§ 4080–4096.6 · 18 sections
    1. ARTICLE 3. Psychiatric Health Facilities and Psychiatric Residential Treatment Facilities §§ 4080–4083 · 5 sections
      • § 4080 (a) Psychiatric health facilities, as defined in Section 1250.2 of the Health and Safety Code, shall only be licensed by the State Department of Health Care…
      • § 4080.5 (a) A psychiatric health facility may admit persons diagnosed only with a severe substance use disorder, as defined in subdivision (o) of Section 5008, under…
      • § 4081 (a) (1) Psychiatric residential treatment facilities, as defined in Section 1250.10 of the Health and Safety Code, shall be licensed by the State Department of…
      • § 4082 (a) Each new or renewal application for a psychiatric residential treatment facility license shall be accompanied by a licensing fee and an application fee…
      • § 4083 (a) Each psychiatric residential treatment facility shall provide the State Department of Health Care Services the data as specified in subdivision (c) of…
    2. ARTICLE 4. Social Rehabilitation Facilities and Community Residential Treatment Programs §§ 4090–4091 · 2 sections
      • § 4090 (a) The State Department of Health Care Services shall establish, by regulation, standards for the programs listed in Chapter 2.5 (commencing with Section…
      • § 4091 Nothing in Section 4090 limits the authority of the State Department of Health Care Services to delegate the evaluation and enforcement of the program…
    3. ARTICLE 5. Programs for Seriously Emotionally Disturbed Children and Court Wards and Dependents §§ 4094–4096.6 · 11 sections
      • § 4094 (a) The State Department of Mental Health shall establish, by regulations adopted at the earliest possible date, but no later than December 31, 1994, program…
      • § 4094.1 The State Department of Health Care Services and the State Department of Social Services, in consultation with community treatment providers, local mental…
      • § 4094.2 (a) For the purpose of establishing payment rates for community treatment facility programs, the private nonprofit agencies selected to operate these programs…
      • § 4094.5 Regulations for community treatment facilities adopted pursuant to Section 4094 shall include, but not be limited to, the following: (a) Only a child with…
      • § 4094.6 The patients’ rights provisions contained in Sections 5325, 5325.1, 5325.2, and 5326 shall be available to any child admitted to, or eligible for admission to,…
      • § 4094.7 (a) A community treatment facility may have both secure and nonsecure beds. However, the State Department of Health Care Services shall limit the total number…
      • § 4095 (a) It is the intent of the Legislature that essential and culturally relevant mental health assessment, case management, and treatment services be available…
      • § 4096 (a) This section governs interagency placement committees related to the placement of a dependent child or a ward into short-term residential therapeutic…
      • § 4096.5 (a) This section governs standards for the mental health program approval for short-term residential therapeutic programs, which is required under subdivision…
      • § 4096.55 (a) The State Department of Social Services, in collaboration with the State Department of Health Care Services, shall make available nursing resources…
      • § 4096.6 (a) For the purpose of this section, “family-based aftercare services” means an array of integrated services and supports that meets all of the following…
  4. CHAPTER 4. Brandon’s Law § 4097 · 1 section
    • § 4097 (a) The Legislature recognizes that some consumers with mental health diagnoses have disabling conditions, and that these consumers and their families are…
  5. CHAPTER 6. Suicide Prevention Programs §§ 4098–4098.5 · 6 sections
    • § 4098 The Legislature finds and declares all of the following: (a) The Surgeon General of the United States has described suicide prevention as a serious public…
    • § 4098.1 This chapter shall be known and may be cited as the California Suicide Prevention Act of 2000.
    • § 4098.2 (a) The State Department of Health Care Services, contingent upon appropriation in the annual Budget Act, may establish and implement a suicide prevention,…
    • § 4098.3 The department may contract with an outside agency to establish and implement a targeted public awareness and education campaign on suicide prevention and…
    • § 4098.4 (a) The department may contract with local mental health organizations and professionals with expertise in the assessment and treatment of suicidal behaviors…
    • § 4098.5 The department may establish and implement, or contract with an outside agency for the development of a multicounty, 24-hour, centralized suicide crisis line…