Home Table of Contents

§ 5200. Audio and Visual Monitoring/Recording.

9 CA ADC § 5200Barclays Official California Code of RegulationsEffective: February 11, 2022

Barclays California Code of Regulations
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 17. Enhanced Treatment Program
Article 5. Audio and Visual Monitoring/Recording
Effective: February 11, 2022
9 CCR § 5200
§ 5200. Audio and Visual Monitoring/Recording.
Currentness
(a) The Department may monitor or record via video or audio the ETP patient rooms and common areas.
(b) The Department shall retain as private and confidential, with restricted access, any audio or video recordings of ETP patient rooms and common areas.
(c) With the written permission of the executive director or designee of the hospital where the ETP is located, the Department shall grant access to the audio or video recordings of patient rooms and common areas to the hospital police to investigate an allegation of patient abuse or neglect or an incident involving the safety and security of ETP patients or staff.
(d) In accordance with Welfare and Institutions Code sections 4902, subdivision (b)(1), and 4903, the Department shall grant access to the audio or video recordings of ETP patient rooms and common areas to a protection and advocacy agency investigating incidents of abuse, neglect, injury, or death.
(e) The Department shall destroy all audio or visual recordings after 45 calendar days, unless the executive director or designee of the hospital where the ETP is located has provided authorization to retain the audio or video recordings beyond the 45 calendar days for a purpose noted in either subdivision (c) or subdivision (d) of this section.

Credits

Note: Authority cited: Sections 4005.1, 4027, 4101, 4143 and 4144, Welfare and Institutions Code. Reference: Section 4144, Welfare and Institutions Code.
History
1. New article 5 (section 5200) and section filed 4-23-2020 as an emergency; operative 4-23-2020 (Register 2020, No. 17). This action is a deemed emergency pursuant to Welfare and Institutions Code section 4144(m). A Certificate of Compliance must be transmitted to OAL by 10-20-2020 or emergency language will be repealed by operation of law on the following day.
2. Emergency filed 4-23-2020 extended 60 days (Executive Order N-40-20) (Register 2020, No. 19). A Certificate of Compliance must be transmitted to OAL by 12-21-2020 or emergency language will be repealed by operation of law on the following day.
3. Emergency filed 4-23-2020 extended an additional 60 days pursuant to Executive Order N-66-20 (Register 2020, No. 37). A Certificate of Compliance must be transmitted to OAL by 2-19-2021 or emergency language will be repealed by operation of law on the following day.
4. Repealer of article 5 (section 5200) and section by operation of Government Code section 11346.1(g) (Register 2021, No. 9).
5. Readoption of article 5 (section 5200) and section filed 3-29-2021 as an emergency; operative 3-29-2021 (Register 2021, No. 14). This action is a deemed emergency pursuant to Welfare and Institutions Code section 4144(m). Expiration date of emergency extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-71-20). A Certificate of Compliance must be transmitted to OAL by 10-26-2021 or emergency language will be repealed by operation of law on the following day.
6. Readoption of article 5 (section 5200) and section filed 10-21-2021 as an emergency; operative 10-27-2021 pursuant to Government Code section 11346.1(d) (Register 2021, No. 43). This action is a deemed emergency pursuant to Welfare and Institutions Code section 4144(m). A Certificate of Compliance must be transmitted to OAL by 1-25-2022 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 10-21-2021 order, including amendment of section, transmitted to OAL 12-30-2021 and filed 2-11-2022; amendments effective 2-11-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 6).
This database is current through 6/14/24 Register 2024, No. 24.
Cal. Admin. Code tit. 9, § 5200, 9 CA ADC § 5200
End of Document