Regulations

The California Department of State Hospitals (DSH) is governed by statutes (state laws) that were passed by the California Legislature. Those statutes give DSH the authority to promulgate regulations. Regulations are rules that set out the requirements and procedures DSH uses to implement, interpret, or make more specific the statutes that govern the department. Legally adopted regulations filed with the Secretary of State have the same force of law as statutes passed by the California Legislature.

To receive DSH notices of rulemaking please send your Name and Email address to DSH.Regulations@dsh.ca.gov

Submit comments on these DSH proposed regulations via email or U.S. Mail, addressed to:

Regulations Unit
Department of State Hospitals
1600 9th Street, Room 410
Sacramento, CA 95814
DSH.Regulations@dsh.ca.gov

Proposed Regulations

Completed Regulations

Enhanced Treatment Program – Emergency Rulemaking

History of Rulemaking Proceeding
Emergency Filed with the Office of Administrative Law: April 13, 2020
OAL File No.: 2020-0413-03E
Approved by the Office of Administrative Law: April 23, 2020
Filed with the Secretary of State: April 23, 2020
Effective Date: April 23, 2020

Posted - April 6, 2020

Contraband Search and Confiscation – Emergency Rulemaking

History of Rulemaking Proceeding
Emergency Filed with the Office of Administrative Law: April 13, 2020
OAL File No.: 2020-0413-02E
Approved by the Office of Administrative Law: April 23, 2020
Filed with the Secretary of State: April 23, 2020
Effective Date: April 23, 2020

Posted – April 6, 2020 (Reposted April 13, 2020)

Notice of Emergency and Finding of Emergency (Revised April 13, 2020)
Emergency Regulation Text (Revised April 13, 2020)

Conflict of Interest Code

History of Rulemaking Proceeding
Notice filed with the Office of Administrative Law: October 8, 2019
Notice File No.: Z2019-1008-09
California Regulatory Notice Register Publication Date: October 18, 2019
Regulatory Action No.: 2020-0316-02FP
Filed with the Secretary of State: April 1, 2020
Effective Date: May 1, 2020

OAL Approved and Secretary of State Endorsed/Filed Regulation Text

Filed with OAL - March 16, 2020

Posted October 18, 2019 - Close of Public Comment Period: December 2, 2019

Hospital Access System - Regular Rulemaking

History of Rulemaking Proceeding
Notice filed with the Office of Administrative Law: March 19, 2019
Notice File No.: Z-2019-0319-04
California Regulatory Notice Register Publication Date: March 29, 2019
Regulatory Action No.: 2020-0316-01S
Approved by the Office of Administrative Law: April 6, 2020
Filed with the Secretary of State: April 6, 2020
Effective Date: April 6, 2020

Filed with OAL - March 16, 2020

Posted November 22, 2019 - Second 15-Day Related Documents

Second 15-Day Notice of Public Availability of Modified Text
Proposed Second 15-Day Modified Text
- Released on 11/22/2019 - Deadline for Public Comments: 5:00 p.m., 12/9/2019

Posted November 6, 2019 - 15-Day Related Documents

15-Day Notice of Public Availability of Modified Text
Proposed 15-Day Modified Text
- Released on 11/6/2019 - Deadline for Public Comments: 5:00 p.m., 11/21/2019

Posted March 29, 2019 - 45-Day Related Documents

Deadline for Public Comments: May 13, 2019

Guidelines on Court Appointment of Forensic Evaluators - (Formally Alienist) Regular Rulemaking

History of Rulemaking Proceeding
Notice filed with the Office of Administrative Law: January 8, 2019
Notice File No.: Z-2019-0108-05
California Regulatory Notice Register Publication Date: January 18, 2019
Final Package Filed with the Office of Administrative Law: 6/25/19
Regulatory Action No.: 2019-0625-05S - WITHDRAWN - 8/6/19
Resubmittal Package Filed with the Office of Administrative Law: 11/27/19
Resubmittal Regulatory Action No.: 2019-1127-01SR
Approved by the Office of Administrative Law: January 14, 2020
Filed with the Secretary of State: January 14, 2020
Effective Date: April 1, 2020

OAL Notice of Approval

Posted November 27, 2019 ~ Resubmittal Related Documents

Addendum to the Final Statement of Reasons
Updated Informative Digest
Final Regulation Text (revised 1/9/20)

Posted September 12, 2019 ~ 15-Day Related Documents

Posted August 9, 2019

OAL Notice of Withdrawal

Posted June 25, 2019

Final Statement of Reasons
Updated Informative Digest (updated, see above)
Final Regulation Text (updated, see above)

Posted January 18, 2019 - 45-Day Related Documents

Office of Protective Services - Section 100, Changes without Regulatory Effect (Withdrawn)

History of Rulemaking Proceeding
Section 100 Filed with the Office of Administrative Law: February 1, 2019
Section 100-Non Substantive Regulatory Action No.: 2019-0201-05N

On March 18, 2019, the Department of State Hospitals has withdrawn the Proposed Section 100, Changes without Regulatory Effect action and documents listed below from OAL review pursuant to Government Code section 11349.3(c)

Posted March 25, 2019
OAL Confirmation for Notice of Withdrawal

Posted February 4, 2019

Section 100 - Memorandum
Section 100 - Regulation Text

Patient Electronic Property - Regular Rulemaking

History of Rulemaking Proceeding
Notice filed with the Office of Administrative Law: July 24, 2018
Notice File No.: Z-2018-0724-04
California Regulatory Notice Register Publication Date: August 3, 2018
Public Hearing Date: September 20, 2018
Regulatory Action No.: 2018-1226-04C
Approved by the Office of Administrative Law: February 5, 2019
Filed with the Secretary of State: February 5, 2019
Effective Date: February 5, 2019

OAL Notice of Approval

Posted December 26, 2018

Posted August 3, 2018 - Close of Public Comment Period: September 17, 2018

Electronic Patient Property - Emergency Rulemaking

History of Rulemaking Proceeding
Emergency Filed with the Office of Administrative Law: January 2, 2018
OAL File No.: 2018-0102-02E
Approved by the Office of Administrative Law: January 12, 2018
Filed with the Secretary of State: January 12, 2018
Effective Date: January 12, 2018

OAL Notice of Approval (01/12/2018)
Notice of Emergency Amendments and Finding of Emergency (revised: 01/12/2018)
Emergency Regulation Text (revised: 01/12/2018)

Electronic Patient Property - Emergency Rulemaking 1st Readoption

OAL Notice of Approval (09/18/2018)
Notice of Readoption of Emergency Amendments and Finding of Emergency (06/07/2018)
Emergency Regulation Text (06/07/2018)

Electronic Patient Property - Emergency Rulemaking 2nd Readoption

OAL Notice of Approval (posted 10/10/2018)
Notice of 2nd Readoption of Emergency Amendments and Finding of Emergency (09/18/2018)
Emergency Regulation Text (09/18/2018)

Sexually Violent Predators Standardized Assessment Protocol - Regular Rulemaking

History of Rulemaking Proceeding
Notice filed with the Office of Administrative Law: November 28, 2017
Notice File No.: Z-2017-1128-03
California Regulatory Notice Register Publication Date: December 8, 2017
Public Hearing Date: January 22, 2018
Regulatory Action No.: 2018-1130-06S
Filed with the Secretary of State: January 15, 2019
Effective Date: April 1, 2019

Posted January 15, 2019:

Posted August 20, 2018:

Third 15-Day Notice of Public Availability of Modified Text
Proposed Third 15-Day Modified Text
- Released on 8/20/2018 - Deadline for Public Comments: 5:00 p.m., 9/4/2018

Posted July 10, 2018:

Second 15-Day Notice of Public Availability of Modified Text (7/10/2018)
Proposed Second 15-Day Modified Text (7/10/2018)
- Released on 7/10/2018 - Deadline for Public Comments: 5:00 p.m., 7/25/2018

Posted February 15, 2018:

15-Day Notice of Public Availability of Additional Document - Supplement to the Initial Statement of Reasons (2/15/2018)
Supplement to the Initial Statement of Reasons (2/15/2018)
Notice of Public Hearing for Proposed Rulemaking (12/2017)
Proposed Regulation Text (12/2017)
Initial Statement of Reasons (12/2017)

Assessment of Sexually Violent Predators - Regular Rulemaking

History of Rulemaking Proceeding
Notice filed with the Office of Administrative Law: November 10, 2017
Notice File No.: Z-2017-1107-04
California Regulatory Notice Register Publication Date: November 17, 2017
Public Hearing Date: January 2, 2018
Regulatory Action No.: 2018-0710-02C
Filed with the Secretary of State: August 20, 2018
Effective Date: August 20, 2018

OAL Approved and Secretary of State Endorsed/Filed Regulation Text (8/20/18)
Final Statement of Reasons (08/20/2018)
Updated Informative Digest (07/10/2018)
Request for Early Effective Date (08/20/2018)
Final Regulation Text (07/10/2018)

15-Day Related Documents

15-Day Notice of Public Availability of Modified Text (04/09/2018)
Proposed 15-Day Modified Text (04/09/2018)
- Released on 04/09/2018 - Deadline for Public Comments: 5:00 P.M., 04/24/2018

45-Day Related Documents

Notice of Public Hearing for Proposed Rulemaking (11/17/2017)
Proposed Regulation Text (11/17/2017)
Initial Statement of Reasons (11/17/2017)

Assessment of Sexually Violent Predators Rulemaking Proceeding - Emergency Regulation

History of Rulemaking Proceeding
Emergency Filed with the Office of Administrative Law: August 7, 2017
OAL File No.: 2017-0807-02E
Approved by the Office of Administrative Law: August 17, 2017
Filed with the Secretary of State: August 17, 2017
Effective Date: August 17, 2017

OAL Notice of Approval (08/17/2017)
Notice of Proposed Emergency Rulemaking (07/31/2017)
Proposed Emergency Regulation Text - Assessment of Sexually Violent Predators (revised: 08/17/2017)
Finding of Emergency (08/17/2017)

Assessment of Sexually Violent Predators Rulemaking Proceeding - Emergency Regulation 1st Readoption

OAL Notice of Approval (02/12/2018)
Notice of Finding of Emergency/Statement of Request for Re-Adoption (revised 02/12/2018)
Emergency Readoption Regulation Order - Assessment of Sexually Violent Predators (revised 02/12/2018)

Assessment of Sexually Violent Predators Rulemaking Proceeding - Emergency Regulation 2nd Readoption

OAL Notice of Approval (05/08/2018)
Notice of Finding of Emergency/Statement of Request for Re-Adoption (revised 04/24/2018)
Emergency Readoption Regulation Order - Assessment of Sexually Violent Predators (revised 04/24/2018)

Conflict of Interest Code

History of Rulemaking Proceeding
Notice filed with the Office of Administrative Law: August 22, 2017
Notice File No.: 2017-0822-02
California Regulatory Notice Register Publication Date: September 1, 2017
Regulatory Action No.: Z-2017-1127-01FP
Filed with the Secretary of State: December 5, 2017
Effective Date: January 4, 2018

OAL Approved and Secretary of State Endorsed/Filed Regulation Text (12/5/17)
FPPC Approval Memo (11/20/2017)
Certification of FPPC Approval (11/14/2017)
State Hospitals Declaration (10/31/2017)
Notice of Proposed Rulemaking (09/01/2017) - end of comment period 10/16/2017
Proposed Regulation Text - Conflict of Interest Code (09/01/2017)

End of Life Option Act - Emergency Regulation

History of Rulemaking Proceeding
OAL File No.:2016-0616-02E
File Received by the Office of Administrative Law: June 16, 2016
Filed with the Secretary of State: June 27, 2016
Effective Date: June 27, 2016

OAL Notice of Approval (06/27/2016)
Notice of Proposed Rulemaking (06/09/2016)
Proposed Regulation Text (05/27/2016)
Finding of Emergency (05/24/2016)
Notice of Proposed Emergency Action
Notice of Withdrawal (06/09/2016)
Notice of Deletion Following Expiration of Emergency Regulation (02/10/2017)

End of Life Option Act - Regular Rulemaking

History of Rulemaking Proceeding
California Regulatory Notice Register Publication Date: October 28, 2016
File Received by the Office of Administrative Law:
Filed with the Secretary of State: February 2, 2017
Effective Date: April 1, 2017

OAL Notice of Approval (02/13/2017)
Notice of Proposed Rulemaking (10/18/2016)
End of Life Option Act Proposed Regulation Text (05/27/2016)
Initial Statement of Reasons (10/28/2016)
End of Life Option Act Final Statement of Reasons (12/14/2016)

Incompetent to Stand Trial Admissions Process - Emergency Regulations

History of Rulemaking Proceeding
OAL File No.: 2016-0906-03-E
File Received by the Office of Administrative Law: September 6, 2016
Filed with the Secretary of State: September 16, 2016
Effective Date: September 16, 2016

OAL Notice of Approval (09/16/2016)
Notice of Proposed Rulemaking (08/26/2016)
Proposed Regulation Text (08/29/2016)
Final Regulation Text (09/16/2016)
Finding of Emergency (08/18/2016)
Revised Finding of Emergency (09/15/2016)
Notice of Proposed Emergency Action (08/29/2016)

Incompetent to Stand Trial Admissions Process - Emergency Regulation 1st Readoption

History of Rulemaking Proceeding
Notice Received by the Office of Administrative Law: March 15, 2017
OAL File No.: 2017-0315-01EE
File Received by the Office of Administrative Law: March 15, 2017
Filed with the Secretary of State: March 15, 2017
Effective Date: March 15, 2017

OAL Notice of Approval (03/15/2017)
Emergency Regulation Readoption Statement (03/15/2017)
Proposed Regulation Text (09/16/2016)
Express Statement of Existence of Emergency (09/15/2016)

Incompetent to Stand Trial Admissions Process - Emergency Regulation 2nd Readoption

History of Rulemaking Proceeding

*The second readoption of the emergency regulations was submitted to OAL on June 6, 2017, and the comment period has been extended to June 12, 2017 at 5:00pm. *

Notice of Proposed Rulemaking (05/25/2017)
Proposed Regulation Text (09/16/2016)
Finding of Emergency (05/25/2017)

Incompetent to Stand Trial Admissions Process - Regular Rulemaking

History of Rulemaking Proceeding
Notice Filed with the Office of Administrative Law: January 5, 2017
Notice File No.: Z-2016-1229-01
California Regulatory Notice Register Publication Date: January 13, 2017
Public Hearing: February 24, 2017
Final Package Filed with the Office of Administrative Law: 09/08/2017, determination due 10/20/2017
Regulatory Action No.: 2017-0908-02C - WITHDRAWN - 10/20/2017
Resubmittal filed with OAL: 11/17/2017
Resubmittal Regulatory Action No.: 2017-1117-03SR
Approved by the Office of Administrative Law: 11/22/2017
Filed with the Secretary of State: 11/22/2017
Effective Date: 11/22/2017

OAL Notice of Approval for Resubmittal (11/22/2017)
Final Statement of Reasons - Updated (11/22/2017)
Updated Informative Digest - Updated (11/22/2017)
Request for Early Effective Date - Updated (11/22/2017)
Final Regulation Text - Approved (11/22/2017)
Third 15-Day Notice of Public Comment for the Availability of Modified Text and Supplement to the Initial Statement of Reasons (10/26/2017)

Deadline for Public Comments: November 10, 2017

Proposed Third 15-Day Modifications (10/26/2017)
Supplement to the Initial Statement of Reasons (10/26/2017)
OAL Notice of Withdrawal and Deletion (10/20/2017)
Final Statement of Reasons (09/08/2017) - (updated, see above)
Updated Informative Digest (09/08/2017) - (updated, see above)
Final Regulation Text (09/08/2017) - (updated, see above)
Second 15-Day Notice of Public Availability of Modified Text (08/14/2017)
Proposed Second 15-Day Modifications (08/14/2017)

Released 10/26/2017 - Deadline for Public Comments: 08/29/2017

First 15-Day Notice of Public Availability of Modified Text (04/21/2017)
Proposed 15-Day Modifications Text (04/21/2017)
Notice of Public Hearing (02/16/2017)
Notice of Proposed Rulemaking (01/13/2017)
Proposed Regulation Text
Initial Statement of Reasons

*The second readoption of the emergency regulations was submitted to OAL on June 6, 2017, and the comment period has been extended to June 12, 2017 at 5:00pm. *

Notice of Proposed Rulemaking (05/25/2017)
Proposed Regulation Text (09/16/2016)
Finding of Emergency (05/25/2017)

DISCLAIMER: The documents contained on these pages are facsimiles of the rulemaking records produced at the time the regulations were promulgated. For the most up-to-date and accurate information refer to the hardcopy or online publications of the Office of Administrative Law.