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§ 82100. General Provisions.

22 CA ADC § 82100Barclays Official California Code of RegulationsEffective: July 1, 2022

Barclays California Code of Regulations
Title 22. Social Security
Division 6. Licensing of Community Care Facilities (Refs & Annos)
Chapter 3. Adult Day Programs
Subchapter 1. Emergency Intervention
Article 1. General Requirements
Effective: July 1, 2022
22 CCR § 82100
§ 82100. General Provisions.
Currentness
(a) In addition to Chapter 3, the licensee of an Adult Day Program is governed by the provisions of this subchapter when a licensee utilizes or reasonably foresees that they will utilize a manual restraint or seclusion.
(1) If an Adult Day Program does not accept or have clients that may require the use of manual restraint or seclusion for emergency interventions, then the Adult Day Program is exempt from this subchapter.
(2) Notwithstanding Section 82100(a)(1), all Adult Day Programs shall comply with Subchapter 1, Article 2, Section 82102.
(b) When a client's behavior presents an imminent danger of serious injury to self or others, the licensee shall use intervention techniques starting with the least restrictive intervention. More restrictive interventions may be used only when less restrictive interventions are determined to be ineffective.
(c) Adult Day Programs staff may use manual restraint or seclusion on a client only if:
(1) The force used does not exceed that which is necessary to avert the danger being threatened;
(2) The risk of injury caused by the force applied does not exceed the risk of injury being averted;
(3) A client's behavior presents an imminent danger of serious injury to self or others;
(d) The duration of a manual restraint or seclusion ceases as soon as the risk of imminent danger of serious injury to self or others from the client's behavior has ceased; and
(e) The manual restraint or seclusion is not otherwise prohibited by statute or regulation.

Credits

Note: Authority cited: Sections 1530 and 1530.1, Health and Safety Code. Reference: Sections 1180.4, 1501, 1502, 1531 and 1562.3(c)(1)(I), Health and Safety Code.
History
1. New subchapter 1 (articles 1-3 and 6-7, sections 82100-82175), article 1 (sections 82100-82101) and section filed 5-16-2022; operative 7-1-2022 (Register 2022, No. 20).
This database is current through 5/10/24 Register 2024, No. 19.
Cal. Admin. Code tit. 22, § 82100, 22 CA ADC § 82100
End of Document