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EDMUND G. BROWN JR.
Governor

Health and Human Services Agency
California Department of Public Health


AFL-15-20
November 16, 2015


TO:
Acute Psychiatric Hospitals
Intermediate Care Facilities/Developmentally Disabled
Intermediate Care Facilities/Developmentally Disabled-Habilitative
Intermediate Care Facilities/Developmentally Disabled-Nursing
Intermediate Care Facilities/Developmentally Disabled-Continuous Nursing

SUBJECT:
Assembly Bill (AB) 918 – Reporting Use of Seclusion or Restraint


AUTHORITY:      Welfare and Institutions Code, section 4659.2.


All Facilities Letter (AFL) Summary

This AFL informs providers of the chaptering of AB 918, which requires health care facilities that are regional center vendors to report all deaths and serious injuries associated with the use of seclusion or restraint to Disability Rights California (DRC).

Effective January 1, 2016, AB 918 (Chapter 340, Statutes of 2015) requires regional center vendors that provide residential services or supported living services, specified long-term health care facilities, and acute psychiatric hospitals to report each death or serious injury occurring during, or related to, the use of seclusion, physical restraint, or chemical restraint, or any combination thereof, to Disability Rights California. The report must be made no later than the close of the business day following the death or injury, must include an encrypted identifier of the person involved, and the name, street address, and telephone number of the facility.

This AFL is a brief summary of the provisions of AB 918. Facilities are responsible for following all applicable laws. The California Department of Public Health’s failure to expressly notify facilities of statutory or regulatory requirements does not relieve facilities of their responsibility for following all laws and regulations. Facilities should refer to the full text of all applicable sections of the Welfare and Institutions Code and the California Code of Regulations to ensure compliance.

If you have questions regarding this AFL, please contact your local district office.

 

Sincerely,

Original signed by Jean Iacino

Jean Iacino
Deputy Director

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