California Code of Regulations
Title 22 - Social Security
Division 6 - Licensing of Community Care Facilities
Chapter 3 - Adult Day Programs
Subchapter 1 - Emergency Intervention
Article 7 - Physical Environment
Section 82175 - Seclusion Room

Universal Citation: 22 CA Code of Regs 82175

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) In addition to Section 82122, a licensee at a program 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, Program 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 82072(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.

1. New article 7 (section 82175) and section filed 5-16-2022; operative 7-1-2022 (Register 2022, No. 20).

Note: Authority cited: Sections 1530 and 1530.1, Health and Safety Code. Reference: Sections 1501, 1531, 1509 and 1531.18, Health and Safety Code.

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