§ 71517 - Title 22
TITLE 22. DIVISION 5 — LICENSING & CERTIFICATION OF HEALTH FACILITIES
Admission, Transfer and Discharge Policies.
§ 71517. Admission, Transfer and Discharge
Policies.
(a) Each hospital shall have written admission,
transfer and discharge policies which encompass the types of
diagnoses for which patients may be admitted, limitations imposed by
law or licensure, staffing limitations, rules governing emergency
admissions, policies concerning advance deposits, rates of charge
for care, charges for extra services, terminations of services,
refund policies, insurance agreements and other financial
considerations, discharge of patients and other related functions.
(b) Patients shall
be admitted only upon the order and under the care of a member
of the medical staff of the hospital who is lawfully authorized
to diagnose, prescribe and treat patients. The patient’s
condition and provisional diagnosis shall be established at time
of admission by the member of the medical staff who admits the
patient subject to the rules and regulations of the hospital, and
the provisions of Section 71505(a).
(c) Within 24 hours after admission or
immediately before, every patient shall have a complete history
and physical examination and psychiatric evaluation
performed by persons lawfully authorized by their respective
practice acts to perform such examinations providing the condition
of the patient permits. Each patient shall have a complete
psychological evaluation performed by a physician and surgeon or
clinical psychologist consistent with the medical staff bylaws, and
providing the condition of the patient permits.
(d) No mentally competent adult shall be detained
in a hospital against his will. An emancipated minor shall not
be detained in a hospital against his will. An unemancipated minor
shall not be detained against the will of his parent or legal
guardian. In those cases where law permits an unemancipated minor to
contract for medical care without the consent of his parent or
guardian, he shall not be detained in the hospital against his will.
This provision shall not be construed to preclude or prohibit
attempts to persuade a patient to remain in the hospital in his own
interest, nor the temporary detention of a mentally disturbed
patient for the protection of himself or others under the provisions
of the Lanterman–Petris–Short Act (Welfare and Institutions Code,
Section 5000 et seq.) if the hospital has been designated by the
county as a treatment facility pursuant to said act, nor to prohibit
a minor legally capable of contracting for medical care from
assuming responsibility for his discharge. However, in no event
shall a patient be detained solely for nonpayment of his hospital
bill.
(e) No inpatient shall be transferred or
discharged for purposes of effecting a transfer, from a hospital
to another health facility, unless arrangements have been made in
advance for admission to such health facility and the person
legally responsible for the patient has been notified or attempts
over a 24–hour period have been made and a responsible person cannot
be reached. A transfer or discharge shall not be carried out if in
the opinion of the patient’s physician, such transfer or discharge
would create a medical hazard.
(f) A minor shall be discharged only to the
custody of his or her parent or to his legal guardian or custodian,
unless such parent or guardian shall otherwise direct in writing.
This provision shall not be construed to preclude a minor legally
capable of contracting for medical care from assuming responsibility
for himself upon discharge.
(g) Each patient upon
admission shall be provided with a wristband identification tag
or other means of identification unless the patient’s condition will
not permit such identification. Minimum information shall include
the name of the patient, hospital admission number and the name of
the hospital.
(h) Involuntary admission to the hospital shall be in
conformity with the provisions of the Lanterman–Petris–Short Act
(Welfare and Institutions Code, Section 5000 et seq.).