Denial of Rights Data Collection October 2008. Welfare & Institutions Code; 5326.1 Quarterly, each local mental health director shall furnish to the Director.

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Presentation transcript:

Denial of Rights Data Collection October 2008

Welfare & Institutions Code; Quarterly, each local mental health director shall furnish to the Director of Mental Health, the facility reports; of the number of persons whose rights were denied and the right or rights which were denied.

The content of the reports from facilities shall; enable the local Mental Health Director and Director of Mental Health to identify individual treatment records, if necessary, for further analysis and investigation.

These quarterly reports, except for the identity of the person whose rights are denied, shall be available, upon request, to Members of the State Legislature, or a member of a county board of supervisors.

CCR, Title9, 866 Quarterly Reports to the Director of Mental Health

Each local mental health director shall, Use the appropriate forms to report to the Office of Patients’ Rights the following; The number of people by facility, whose rights were denied and the specific right or rights denied

The following Facilities … Must report to the local Mental Health Director for inclusion in each quarterly report; Those who treat people involuntarily detained under LPS (Local mental health facilities operated directly by or under contract with local mental health services or designated in the county plan to provide such services;)

Private mental institutions Psychiatric units of general acute care hospitals, acute psychiatric hospitals, and skilled nursing facilities.

The content of the quarterly reports shall Enable the State Director of Health and the Patients' Rights Specialist to identify individual treatment records, if necessary, for further analysis and investigation.

Each facility shall note in its report to the local mental health directors that the treatment record of a person denied a specific right is identifiable and can be located for purposes of analysis and investigation by the Department.

State hospitals shall submit quarterly reports on denials of rights directly to the Patients' Rights Specialist, Department of Health, in accordance with Department directive on the patients' rights program in state hospitals, as revised 1975.

§867. Access to Denial of Rights Information. Information in a patient's/resident's treatment record pertaining to a denial of a right shall be available on request to the patient/resident, his attorney / conservator/guardian, the Department of Health, a member of the State Legislature, or a member of a county board of supervisors