California Code of Regulations
Title 9 - Rehabilitative and Developmental Services
Division 1 - Department of Mental Health
Chapter 16 - State Hospital Operations
Article 7 - Admissions
Section 4712 - Required Medical Records for Admission of Individuals Found Incompetent to Stand Trial

Universal Citation: 9 CA Code of Regs 4712

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

(a) A county judicially committing an individual to the Department of State Hospitals as Incompetent to Stand Trial shall provide the following medical documentation of the individual, if applicable, with the individual's commitment packet:

(1) All progress notes that pertain to behavioral incidents;

(2) Current medication and dosage;

(3) Compliance with current or previous medication;

(4) Laboratory results and consultations;

(5) Psychiatric evaluation from the most recent admission;

(6) Records or incidences of self-injurious behavior, suicide watch, or use of safety cell;

(7) Any notes on recent physical exams or medical history;

(8) Any advance health care directive;

(9) Any consent forms for treatment; and

(10) Any other court-ordered medical treatment.

(b) If the individual presents with any of the following conditions, the committing county shall provide medical documentation including treatment plans, if applicable, with the individual's commitment packet:

(1) Renal dialysis (hemodialysis or peritoneal dialysis);

(2) Non-ambulation or the individual's need for prosthetics, walkers, or assistance to ambulate;

(3) Any stage of pregnancy or any prenatal care information or complications;

(4) Continuous oxygen, continuous respiratory monitoring, ventilator devices, or nebulizer for airway treatment;

(5) Cancer;

(6) Congestive heart failure;

(7) Blood or spinal fluid shunt currently in place or shunt for hydrocephalus;

(8) Any required injections;

(9) Any open wound not yet healed or any untreated open wound;

(10) Ostomy;

(11) Cirrhosis of the liver;

(12) Active inflammatory bowel diseases, complications by intestinal obstruction, subocclusion, severe fistulas, or active rectal bleeding;

(13) Inability of the individual to provide basic self-care or any other condition of the individual that requires skilled nursing level of care;

(14) Human Immunodeficiency Virus (HIV) or Acquired Immune Deficiency Syndrome (AIDS);

(15) Tuberculosis; or

(16) Any other significant medical condition.

(c) Prior to the individual's transport to the state hospital, the committing county shall provide updated medical records to the state hospital under consideration for the individual's placement.

(d) If any of the above documents in this section does not exist or is otherwise unavailable, the committing county shall advise the Department in writing of such nonexistence or unavailability.

1. New section filed 11-22-2017; operative 11-22-2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 47). For prior history, see Register 2017, No. 42.

Note: Authority cited: Sections 4005.1 and 4027, Welfare and Institutions Code. Reference: Sections 1370 and 1370.01, Penal Code; Section 7228, Welfare and Institutions Code; and In re Loveton (2016) 244 Cal.App.4th 1025.

Disclaimer: These regulations may not be the most recent version. California may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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