§ 893. Property Transfer Between Patients.
9 CA ADC § 893Barclays Official California Code of RegulationsEffective: April 1, 2023
Barclays California Code of Regulations
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 4.5. Patients' Rights and Related Procedures for Non-Lanterman-Petris-Short Act Patients in Department of Mental Health Facilities
Article 3. General Limitations Applicable to Non-LPS Patients.
Effective: April 1, 2023
9 CCR § 893
§ 893. Property Transfer Between Patients.
(a) Each State Hospital may prohibit patients from buying, selling, trading, or gifting property between patients of that state hospital. To determine if the hospital will prohibit the buying, selling, trading, or gifting of property between patients, the hospital executive staff will weigh the factors in Section (a)(2)(B) as they apply to the hospital as a whole.
(A) Either before or after confiscation, in order to determine whether property found in the possession of a patient has been bought, traded, or gifted, in violation of the prohibition, the patient will be asked to verify property ownership, by means of property receipts, Property Transfer Forms referenced in subsection (a)(2)(A), or any other means available. If the patient demonstrates they did not violate the prohibition, then the patient will retain the property, and if confiscated, hospital staff will return that property to the patient.
(A) The patients involved in the transfer must mutually agree on the transfer of the property. Written requests to transfer property will be submitted on the Property Transfer Form 9269 (New 8/22), hereby incorporated by reference, to each patient's treatment team or unit supervisor. The treatment team or unit supervisor will obtain written confirmation of the patient's agreement to transfer from both the donating and the receiving patient.
Credits
Note: Authority cited: Sections 4005.1, 4101 and 4109, Welfare and Institutions Code. Reference: Section 4109, Welfare and Institutions Code.
History
1. New section filed 1-17-2023; operative 4-1-2023 (Register 2023, No. 3). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.
This database is current through 4/12/24 Register 2024, No. 15.
Cal. Admin. Code tit. 9, § 893, 9 CA ADC § 893
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