SECTIONS 4300-4320 - California Statutes

WELFARE AND INSTITUTIONS CODE

SECTION 4300-4320

4300. As used in this article, "officers" of a state hospital
means:
(a) Clinical director.
(b) Hospital administrator.
(c) Hospital director.

4301. The Director of Mental Health shall appoint and define the
duties, subject to the laws governing civil service, of the clinical
director and the hospital administrator for each state hospital. The
director shall appoint either the clinical director or the hospital
administrator to be the hospital director.
The director shall appoint a program director for each program at
a state hospital.

4302. The Director of the State Department of Mental Health shall
have the final authority for determining all other employee needs
after consideration of program requests from the various hospitals.

4303. Salaries of resident and other officers and wages of
employees shall be included in the budget estimates of, and paid in
the same manner as other expenses of, the state hospitals.

4304. The primary purpose of a state hospital is the medical and
nursing care of patients who are mentally disordered. The efforts and
direction of the officers and employees of each state hospital shall
be directed to this end.

4305. Subject to the rules and regulations established by the
department, and under the supervision of the hospital director when
the hospital director is the hospital administrator, the clinical
director of each state hospital shall be responsible for the
planning, development, direction, management, supervision, and
evaluation of all patient services, and of the supervision of
research and clinical training.

4306. Subject to the rules and regulations established by the
department, under the supervision of the hospital director when the
hospital director is the clinical director, the hospital
administrator shall be responsible for the planning, development,
direction, management and supervision of all administrative and
supportive services in the hospital facility. Such services include,
but are not limited to:
(1) All administrative functions such as personnel, accounting,
budgeting, and patients' accounts.
(2) All life-support functions such as food services, facility
maintenance and patient supplies.
(3) All other business and security functions.
It shall be the responsibility of the hospital administrator to
provide support services, as specified in this section, within
available resources, to all hospital treatment programs.

4307. The hospital director is the chief executive officer of the
hospital and is responsible for all hospital operations. If the
hospital director is the clinical director, then the hospital
administrator is responsible to him; if the hospital director is the
hospital administrator, then the clinical director is responsible to
him.

4308. As often as a vacancy occurs in a hospital under the
jurisdiction of the Director of Mental Health, he shall appoint, as
provided in Section 4301, a clinical director, a hospital
administrator, a hospital director, and program directors.
A hospital administrator shall be a college graduate preferably
with an advanced degree in hospital, business or public
administration and shall have had experience in this area. He shall
receive a salary which is competitive with other private and public
mental hospital administrators.
A clinical director for a state hospital for the mentally
disordered shall be a physician who has passed, or shall pass, an
examination for a license to practice medicine in California and
shall be a qualified specialist in a branch of medicine that includes
diseases affecting the brain and nervous system. The clinical
director for any state hospital shall be well qualified by training
or experience to have proven skills in mental hospital program
administration.
The hospital director shall be either the hospital administrator
or the clinical director. He shall be selected based on his overall
knowledge of the hospital, its programs, and its relationship to its
community, and on his demonstrated abilities to administer a large
facility.
The standards for the professional qualifications of a program
director shall be established by the Director of Mental Health for
each patient program. The director shall not adopt any regulations
which prohibit a licensed psychiatrist, psychologist, psychiatric
technician, or clinical social worker from employment in a patient
program in any professional, administrative, or technical position;
provided, however, that the program director of a medical-surgical
unit shall be a licensed physician.
If the program director is not a physician, a physician shall be
available to assume responsibility for all those acts of diagnosis,
treatment, or prescribing or ordering of drugs which may only be
performed by a licensed physician.

4309. The hospital director is responsible for the overall
management of the hospital. In his absence one of the other hospital
officers or in the absence of both officers a program director shall
be designated to perform his duties and assume his responsibilities.

4311. The hospital administrator shall be responsible for
preserving the peace in the hospital buildings and grounds and may
arrest or cause the arrest and appearance before the nearest
magistrate for examination, of all persons who attempt to commit or
have committed a public offense thereon.

4312. The hospital director may establish rules and regulations not
inconsistent with law or departmental regulations, concerning the
care and treatment of patients, research, clinical training, and for
the government of the hospital buildings and grounds. Any person who
knowingly or willfully violates such rules and regulations may, upon
the order of either of the hospital officers, be ejected from the
buildings and premises of the hospital.

4313. The hospital administrator of each state hospital may
designate, in writing, as a police officer, one or more of the bona
fide employees of the hospital. The hospital administrator and each
such police officer have the powers and authority conferred by law
upon peace officers listed in Section 830.38 of the Penal Code. Such
police officers shall receive no compensation as such and the
additional duties arising therefrom shall become a part of the duties
of their regular positions. When and as directed by the hospital
administrator, such police officers shall enforce the rules and
regulations of the hospital, preserve peace and order on the premises
thereof, and protect and preserve the property of the state.

4314. The Director of Mental Health may set aside and designate any
space on the grounds of any of the institutions under the
jurisdiction of the department that is not needed for other
authorized purposes, to enable such institution to establish and
maintain therein a store or canteen for the sale to or for the
benefit of patients of the institution of candies, cigarettes,
sundries and other articles. The stores shall be conducted subject to
the rules and regulations of the department and the rental, utility
and service charges shall be fixed as will reimburse the institutions
for the cost thereof. The stores when conducted under the direction
of a hospital administrator shall be operated on a nonprofit basis
but any profits derived shall be deposited in the benefit fund of
each such institution as set forth in Section 4125.
Before any store is authorized or established, the Director of
Mental Health shall first determine that such facilities are not
being furnished adequately by private enterprise in the community
where it is proposed to locate the store, and may hold public
hearings or cause surveys to be made, to determine the same.
The Director of Mental Health may rent such space to private
individuals, for the maintenance of a store or canteen at any of the
said institutions upon such terms and subject to such regulations as
are approved by the Department of General Services, in accordance
with the provisions of Section 13109 of the Government Code. The
terms imposed shall provide that the rental, utility and service
charges to be paid shall be fixed so as to reimburse the institution
for the cost thereof and any additional charges required to be paid
shall be deposited in the benefit fund of such institution as set
forth in Section 4125.

4315. Wherever the term "superintendent", "medical superintendent",
or "superintendent or medical director" appears, the term shall be
deemed to mean clinical director, except in Sections 4110, 4126,
4127, 4129, 7281, and 7289, where the term shall be deemed to mean
hospital administrator.
Wherever the term "medical director" appears, the term shall be
deemed to mean clinical director.

4316. Subject to rules and regulations adopted by the department,
the hospital director may establish a sheltered workshop at a state
hospital to provide patients with remunerative work performed in a
setting which simulates that of industry and is performed in such a
manner as to meet standards of industrial quality. The workshop shall
be so operated as to provide the treatment staff with a realistic
atmosphere for assessing patients' capabilities in work settings, and
to provide opportunities to strengthen and expand patient interests
and aptitudes.

4317. At each state hospital at which there is established a
sheltered workshop, there shall be a sheltered workshop fund
administered by the clinical director. The fund shall be used for the
purchase of materials, for the purchase or rental of equipment
needed in the manufacturing, fabricating, or assembly of products,
for the payment of remuneration to patients engaged in work at the
workshop, and for the payment of such other costs of the operation of
the workshop as may be directed by the medical director. The
clinical director may cause the raw materials, goods in process,
finished products, and equipment necessary for the production thereof
to be insured against any and all risks of loss, subject to the
approval of the Department of General Services. The costs of such
insurance shall be paid from the sheltered workshop fund.
All money received from the manufacture, fabrication, assembly, or
distribution of products at any state hospital sheltered workshop
shall be deposited and credited to the hospital's sheltered workshop
fund.

4318. Each state hospital shall, prior to the discharge of any
patient who was placed in the facility under a county Short-Doyle
plan, prepare a written recommended aftercare plan which shall be
transmitted to the local director of mental health services in the
county of the patient's placement.
Notwithstanding any other provision of law, such aftercare plan
shall specify the following:
(a) Diagnoses;
(b) Treatment initiated;
(c) Medications and their dosage schedules;
(d) Date of discharge;
(e) Location of community placement;
(f) Plan for continuing treatment; and
(g) List of referrals indicated, including, but not limited to:
(1) Public social services.
(2) Legal aid.
(3) Educational services.
(4) Vocational services.
(5) Medical treatment other than mental health services.

4319. To assure a continuous level of competency for all state
hospital treatment personnel under the jurisdiction of the State
Department of Mental Health, the department shall provide adequate
in-service training programs for such state hospital treatment
personnel.

4320. To assure an adequate supply of licensed psychiatric
technicians for state hospitals for the mentally disordered, the
State Department of Mental Health, to the extent necessary, shall
establish in state hospitals for the mentally disordered a course of
study and training equivalent, as determined by the Board of
Vocational Nurse and Psychiatric Technician Examiners, to the minimum
requirements of an accredited program for psychiatric technicians in
the state. No unlicensed psychiatric technician trainee shall be
permitted to perform the duties of a licensed psychiatric technician
as provided by Section 4502 of the Business and Professions Code
unless such trainee performs such duties pursuant to a plan of
supervision approved by the Board of Vocational Nurse and Psychiatric
Technician Examiners as part of the equivalency trainee program.
This section shall not be construed to reduce the effort presently
expended by the community college system or private colleges in
training psychiatric technicians.