1. (a) Within 30 minutes after termination of each use of physical restraint:

   1. (1) The administrator or their designee shall conduct an in-person assessment of the consumer's immediate needs and physical well-being;

      1. (A) If there is physical injury or suspected physical injury, an assessment by a qualified medical professional is required and shall be initiated as soon as possible;

   2. (2) The administrator or their designee shall conduct an in-person assessment of the consumer's psychological well-being and the need for emotional support;

      1. (A) If there is psychological trauma or suspected psychological trauma, the consumer shall be treated for trauma and treatment shall be initiated as soon as possible.

2. (b) Within 4 hours after each use of physical restraint:

   1. (1) If medical attention is sought, it must be documented in the consumer's file and reported to the Department; and
   2. (2) The administrator or their designee shall inquire about the physical and psychological well-being of the direct care staff involved in the physical restraint as well as of anyone who observed the physical restraint and provided support as needed.
3. (c) If suspected physical injury or a complaint of physical injury are reported to or witnessed by direct care staff during or after the physical restraint, a written incident report containing the information required in Title 22, California Code of Regulations, Section 85161(c) must be submitted to the administrator or their designee within two (2) hours.
4. (d) The written incident report specified in Subsection (c) must also be submitted to the Department of Social Services and the regional center as specified in Title 22, California Code of Regulations, Section 80061(b).
5. (e) Serious bodily injury, as defined in Welfare and Institutions Code Section 15610.67, must be reported to a qualified medical professional within two (2) hours for examination.
6. (f) The regional center shall submit a copy of the written incident report to the Department at [email protected], within two (2) working days following receipt of the report as specified in Section 54327.1(a).

Note: Authority cited: Sections 4698 and 4698.1, Welfare and Institutions Code. Reference: Sections 4698 and 4698.1, Welfare and Institutions Code; and Section 1180.4, Health and Safety Code.

History

1. New section filed 6-25-2021 as a deemed emergency; operative 6-25-2021 (Register 2021, No. 26). Pursuant to Welfare and Institutions Code section 4698.1(b), a Certificate of Compliance must be transmitted to OAL by 6-25-2023 or emergency language will be repealed by operation of law on the following day.

2. New section refiled 4-25-2022 as a deemed emergency; operative 4-25-2022 (Register 2022, No. 17). Pursuant to Welfare and Institutions Code section 4698.1(b), a Certificate of Compliance must be transmitted to OAL by 6-25-2023 or emergency language will be repealed by operation of law on the following day.

3. New section refiled 7-25-2022 as a deemed emergency; operative 7-25-2022 (Register 2022, No. 30). Pursuant to Welfare and Institutions Code section 4698.1(b), a Certificate of Compliance must be transmitted to OAL by 6-25-2023 or emergency language will be repealed by operation of law on the following day.

4. Updating certificate of compliance information in History 1, 2 and 3.

5. Certificate of Compliance as to 7-25-2022 order, including amendment of section, transmitted to OAL 5-30-2023 and filed 7-12-2023; amendments effective 7-12-2023 pursuant to Government Code section 11343.4(b)(3) (Register 2023, No. 28).