farewell to lanterman 1927 -2014

Non-Profit OrgU.S. POSTAGE

PAIDPermit No. 46

Sacramento, CA

2015JANUARY / FEBRUARY

OUTREACHpsychtechs.net

FAREWELL TO LANTERMAN

1927 -2014

California Association of Psychiatric Technicians

More than a developmental center: For 87 years Lanterman was a real home ,staffed by true professionals who cared for

many of California’s most vulnerable clients .

California Association of Psychiatric Technicians1220 ‘S’ Street, Suite 100Sacramento, CA 95811-7138

CHANGE SERVICE REQUESTED

2 - JANUARY / FEBRUARY

Carol Wiesmann, Managing Editor and Layout Designer

CAPT is represented by Murch, Bassoff & Associates, Inc.

Imagesetting and Printing byCPS Publications and Mail Services

Sacramento, CA

Outreach is the official publication of the California Association of Psychiatric Technicians and is printed at least six times each year.

Outreach is published by: CAPT Headquarters 1220 ‘S’ Street, Ste 100 Sacramento, CA 95811-7138. Phone: Toll Free (800) 677-CAPT (2278) or locally at (916) 329-9140

CAPT is a non-profit corporation serving as the exclusive representative of all employees in Psychiatric Technician Bargaining Unit 18 in California State Civil Service.

CAPT is also the professional association for all California Psychiatric Technicians.

Reminders& IMPORTANT INFO

Check out our catastrophic leave list on our website. Keep abreast of what’s happen-ing! CAPT updates its website frequently, making sure you have current information on state, department, and CAPT news, at your facility and statewide.

Volume 28, Issue 1January / February 2015

No issue was published for December 2014

psychtechs.net

Leaving the Bargaining Unit? Contact us to ensure your dues or fees are stopped!When an individual leaves the bargaining unit, their CAPT dues or fees should be stopped by the State Controller’s Office. However, in some instances where an em-ployee remains in state service, the SCO may not automatically halt this deduction.

So, if you are planning to leave Bargaining Unit 18, please let us know. Also, if you have already left and have noticed your BU 18 dues or fees have not stopped, please be sure to contact Debi Loger at (800) 677-2278 or at [email protected]. You may be eligible for a refund of up to six months.

Planning to retire soon?

Don’t forget that CAPT offers its retired State of California members the same insurance benefits it provides its active members. As a retired member, CAPT will continue to provide -- $5,000 in Accidental Death and Dismemberment coverage and $5,000 in Life Insurance -- without any age term.

IMPORTANT: For your insurance to continue after your retirement -- for only $5 per month -- you must contact CAPT Headquarters at (800) 677-2278 within 31 days of the last day in the month in which you retired. If you fail to do so, your policy will lapse and cannot be reinstated.

How to reach us ...CAPT Sacramento HeadquartersToll Free (800) 677-CAPT (2278)

or (916) 329-9140(916) 329-9145 (Fax)

You may contact your state and chapter officers directly. Their contact information is listed on the following page. If a voicemail is left on their cell or if you send an e-mail or text, be sure to leave your name, work location, and phone number, as well as a short explanation of your issue.

us at: twitter.com/psychtechs

and follow some of our chapters on

Going mobile? Take CAPT with you!

CAPT’s popular www.psychtechs.net website – and all of its professional and union information – is here for you when you’re on the go! Our site automatically optimizes to suit your mobile device, and you can down-load our “CAPTApp” for your mobile device as well. Check these helpful tools out today!

It’s tax time again!

Are you aware that a portion of your dues or fees are tax-deductable? Check our story on page 22 to determine how much you can deduct for 2014!

Do we have your e-mail and home addresses?

2015CAPT Board Meetings

CAPT’s policies require publication of the dates and locations of the quarterly meetings of the statewide Board of Directors. In 2015, the four meetings are:

March 17-18 June 2-3 August 4-5 December 15-16 Mid-state CA Sacramento Southern CA Sacramento

In addition to regular meetings, special meetings are called if necessary. Board meetings are open to all members. Specific locations will be determined closer to the meeting dates.

We’re building up our e-mail lists so we can get the news to you faster. Do we have your address? If not, please send it to Debi at [email protected]. Or, if you are unsure whether we have your e-mail address and want to check, contact Debi.

Also, please be sure to keep us updated with your home address. If you move remember to contact us and the BVNPT, or the Department of Health Care Services if you’re unlicensed.

CAPT’s contract with the state provides that BU 18 employees who are not CAPT members have the right to have their home addresses withheld from CAPT. A non-member may do this by making a written request to the State Controller’s Office and CAPT. If you do this, you will no longer receive Outreach or any other information from CAPT.

CAPT B

OARD O

F D

IRECTORS

State President Juan Nolasco578 E. Elm St., Coalinga CA 93210Mail to: PO Box 933, Coalinga CA 93210-0933 (559) 217-6312 (Cell) / [email protected]

State Vice President: Paul Hannula (see Atascadero listing)

State Secretary-Treasurer: Paul Alizaga (see Fairview listing)

CHAPTER PRESIDENTSAtascadero: Paul HannulaPO Box 757, Atascadero, CA 93423-0757(805) 235-7832 (Cell) / [email protected](805) 468-2493 (Office) / (805) 861-2390 (Fax)

Coalinga: Jaime Garcia578 E. Elm St., Coalinga CA 93210Mail to: PO Box 933, Coalinga, CA 93210-0933(559) 978-1582 (Cell) / [email protected](559) 934-0247 (Fax)

Community Facilities: Royce EdgingtonMail to: 82-204 Highway 111, Ste C #106Indio CA 92201(760) 396-8482 (Cell) / [email protected]

Northern Corrections: Jennifer AreMail to: c/o CAPT Headquarters1220 S St., Ste 100, Sacramento CA 95811-7138(559) 970-2283 (Cell) / [email protected]

Southern Corrections: Josette “JoJo” Manning Mail to: 13782 Bear Valley Rd., D-3 #83, Victorville CA 92392(760) 520-5159 (Cell) / [email protected]

DSH-Stockton: Jamila O’NealStockton Metropolitan Airport5000 South Airport Way, Suite 207Stockton CA 95206(916) 342-2840 (Cell) / [email protected]

Fairview: Paul AlizagaOffice in Employee Org. Rm.PO Box 2796, Costa Mesa, CA 92628-2796(714) 598-6036 (Cell) / [email protected](714) 957-5332 (Office) / (714) 754-1065 (Fax)

Metropolitan: Eric SotoMetropolitan State Hospital, 11401 Bloomfield Ave., Norwalk, CA Mail to: PO Box 59569, Norwalk, CA 90652-0569(714) 329-7425 (Cell) / [email protected](562) 286-8007 (Fax)

Napa: Linda Monahan PO Box 10906, Napa, CA 94581-2906(707) 266-4545 (Cell) / [email protected] (707) 252-7320 (Office) / (707) 736-7022 (Fax)

Patton: Sylvia HernandezPatton State Hospital, House #6Mail to: PO Box 680, Patton, CA 92369-0680(909) 709-8633 (Cell) / [email protected](909) 864-1610 (Office) / (909) 864-1695 (Fax)

Porterville: Mike Simental376 North D StreetMail to: PO Box 8703, Porterville, CA 93258-8703(559) 310-0721 (Cell) / [email protected](559) 781-2278 (Office) / (559) 781-4440 (Fax)[email protected] Sonoma: Megan Gordon50 Lichtenberg Ave., Sonoma, CA 95476-3621Mail to: PO Box 148, Eldridge, CA 95431-0148(707) 934-5881 (Cell) / [email protected](707) 938-2795 (Office) / (707) 938-8721 (Fax)

STATE OFFICERS

JANUARY / FEBRUARY - 3

ON THE COVER:

4 The President’s View: Facing challenges and changes4 Don’t forget your Weingarten rights.5 Psych Techs say farewell to Lanterman DC6 Governor’s budget update -- impacts to BU-187 CAPT continues involvement in Developmental Services Task Force.

7 Who’s your insurance beneficiary?8 CAPT holds firm on ‘red-tag’ sanctions9 PDC’s RDO-win benefits all departments10-11 A violent place we call a hospital (Sacramento Bee special submission)12-13 CAPT now has two Corrections Chapters14 CAPT addresses concerns over CDCR’s new drug and contraband screening15 Documentation: It’s not just for client care!15 Scope: ‘Can Psych Techs perform EKGs?’16 Management’s behavior called into question in Metro’s ‘Snickergate’17 Numbers of Note17 ‘Lifetime’ FMLA ends at SDC18 Studies and Research19 Licensing and Certification reminders20 PSH spreads holiday cheer with ‘Techs for Tots’20 Stewards are our foundation21 Contract Highlights: Referral of assault/battery 21 Injured at work? Predesignate your physician22 2014 Tax deduction information23 Help state-employed coworkers through catastrophic leave donations23 Workers’ comp legal help’s hear for all BU18 members

IndexCOVER: Farewell to Lanterman: More than a developmental center, for 87 years, Lanterman was a real home staffed by true professionals who cared for many of California’s most vulnerable clients.

The President’s View


FACING CHALLENGES AND CHANGES

“Where there is unity, there is always victory.” - Publilius Syrus

Are you facing a program interview or investigation?

DON’T FORGET YOUR WEINGARTEN RIGHTS

In unity,

Juan NolascoCAPT State President(559) [email protected]

If you’re involved in a program interview or an investigation, make sure you’re familiar with our contract rights! This information is addressed in Section 3(a) from Article 2 of our contract, outlining important information that you need to know.

If you want union representation, you must respectfully request it, and your supervisor must allow the time and opportunity to contact your union. Having the union representative present provides a means of ensuring accuracy of all proceedings and that the BU 18 contract is upheld. For the supervisor to mention that they don’t want the union involved or suggests that there could be consequences if the union is called, is inappropriate.

Got questions? Need help? Contact your CAPT chapter office right away!

REMEMBER!

The U.S. Supreme Court guarantees state employees the right to be represented by their union in labor disputes, but only if you ask for it. Management is not required to inform you of your Weingarten rights; however, it is an unfair labor practice to deny that guarantee after it has been requested.

CAPT has ‘Weingarten Rights’ wallet cards available! Check with your local chapter or contact CAPT Headquarters.

Have you ever wondered how things can happen so fast and af-fect us so greatly? Lanterman Developmental Center

is no longer offering the vital services to some of the most vulnerable clients in the state of California, having closed its doors to client care at the end of December. With LDC’s closure we also had to officially say goodbye to a longtime chapter and the activists that held it strong for so long.

Brad Whitehead, Lanterman chapter president was a pil-lar in keeping representation solid for our members, while also educating a new generation of CAPT leaders and ac-tivists on our history and the challenges we faced for our cause throughout the years.

As the push continues to downsize developmental centers statewide, we are also faced with the fact of not being able to provide the crucial services Psych Techs and related professionals deliver in DDS. We continue to speak loud and clear about our opposition to more closures; warning the state that with these closures, the clients we serve will not receive the full extent of care that we currently provide.

CDCR continues to expand its need to utilize more Psych Techs. With this rapid growth we face the challenges of getting the department as a whole to understand how to truly use a Psych Tech. A little more than 10 years ago we

started with a very small handful of Psych Techs within Corrections; now we are fast approaching a milestone of 800 BU 18 employees.

You, the member, are the key to bringing success through-out the departments. Our history has shown that when we come together in uni-ty with one voice; we can accomplish much. We must look out for each other and educate ourselves in order to be fully prepared to face any challenge that comes before us. CAPT is here because you make it happen and because you believe in it. CAPT will continue to be fully committed to its members and ready to face the challenges that come our way for years to come.

“Lanterman is a home, and it was an honor to be allowed into our residents’ home to be among them each and every day,” said Whitehead, who

also has served as a vocal participant on the California Task Forces for the Future of Developmental Centers and Services. “When the center closes, all of our unique services will be lost to all those who lived here and benefitted from them, and to all those area residents who could have enjoyed them. I have been truly blessed to serve these special Californians and to have worked with the amazing professionals here, and I will hope for the best for all residents and employees.”

CAPT supported families’ hard work to keep the federally accredited and regulated residence open. Although ultimately unsuccessful in the end, the efforts increased awareness of residents’ many needs and slowed

their transfer until more community preparations were in place. We’ll continue to work with families to keep other state facilities open so Californians can have a choice and voice in where they live and receive services. CAPT activists and staff will also continue to call for increased licensure and oversight for community facilities and employees, which do not have to meet the same requirements as state developmental centers.

“We Psych Techs take a formal pledge to serve these individuals, wherever they reside,” said CAPT State President Juan Nolasco, a Coalinga State Hospital PT. “CAPT pledges to continue the fight for high-quality services throughout California and the nation.”

After 87 years of providing vital services for Californians with a wide range of disabilities, Lanterman Developmental Center closed its doors in December upon the departure of the last resident.

Although the facility will continue to provide very limited services for individuals who have been transferred to other facilities, it will be the first time in decades that no residents have lived on the beautiful 300-acre 3530 Pomona Boulevard campus.

Lanterman Psych Techs, PTAs, SPTs, related professionals and coworkers are proud of the role they and their predecessors have played in caring for thousands of Californians with developmental disabil it ies and mental illnesses. Lanterman Psych Techs provided licensed, life-sustaining direct-care services to these individuals, ranging from basic activities of daily living to nursing and rehabilitative assistance, social and therapeutic activities, 24-hour specialized medical and behavioral treatments and much more.

Although Psych Techs expressed concerns about their own employment futures – with many starting new jobs at other state facilities such as state hospitals, prisons or other developmental centers, or in the community facilities where Lanterman residents now live, through agreements and efforts – their thoughts lie first and foremost

with the people and the place they served for so long.

PSYCHIATRIC TECHNICIANS SAY FAREWELL TO

LANTERMAN DEVELOPMENTAL CENTER

Lanterman Psychiatric Technician Brad Whitehead proudly served as a 36-year LDC employee and as CAPT’s Lanterman Chapter president for 15 years. While he worked to plan his own future following the facility closure, it’s the LDC residents who were – and who remain -- always in the forefront of his mind.


6 - OCTOBER / NOVEMBER

GOVERNOR’SBUDGET UPDATE

As the Governor unveiled his 2015-2016 budget, DDS found a pleasant funding surprise receiving several million more dollars for expansion of the Secure Treatment Unit at Porterville. There is also more funding for Sonoma and Fairview to implement programs to bring them in compliance with federal regulations in order regain certification at Sonoma.

More specifically, Porterville will receive $9 million from the General fund and 92.3 additional positions in 2014-2015 and $18.1 million and an additional 184.5 positions in the 2015-2016 fiscal year to increase the Secure Treatment Area by 32 beds. Many community-based facilities have pushed for the expansion of the STA due in large part to the community’s inability to handle individuals with developmental disabilities that have also been charged with severe crimes.

Certification Issues — The Budget includes $21.4 million ($11.6 million General Fund) and 179.5 positions for costs related to the ongoing implementation of Program Improvement Plans at the Sonoma, Fair-view and Porterville Developmental Centers. The federal government, through the state Department of Public Health, has determined that certain units at the Sonoma Developmental Center are noncompli-ant with federal licensing and certification requirements and should be decertified, thereby becoming ineligible for federal funding. This ruling is being appealed, but if the appeal is not successful the state will have to backfill approximately $33 million in lost federal funds in 2014-15, growing to $43 million in 2015- 16. In addition, the Porterville and Fairview Developmental Centers are implementing federally required Program Improvement Plans to maintain annual eligibility for approximately $50 million in federal funds.

For DDS

For DSHAs CAPT reported in a recent flier, CDCR/CCHCS was considering taking over operation of the Department of State Hospital’s Stockton facility. The proposal would have in essence been a clean lift and shift of responsibilities and licensing from DSH to CDCR/CCHCS – all staffing assignments in the facility would have remained the same except for the upper management position that would have been duplicated and thus reduced. It was reported that no information on the certainty of this move would be made until the Governor introduced his January budget.

CAPT is pleased to report that the lift and shift of DSH Stockton to CDCR/CCHCS is not a part of the Governor’s January budget. It is most likely not going to move forward this year; however, CAPT will continue to monitor the budget as it moves through the legislative sub-committee process, as well as the Governor’s May revision.

While it is unlikely that this issue will reappear this year, it is likely that CDCR/CCHCS will want to revisit the issue again next year and will begin studying the matter further in the coming months. If you hear any information from your management regarding another effort to lift and shift the responsibilities of DSH Stockton to CDCR/CCHCS, please contact your local CAPT representative or Coby Pizzotti at CAPT Headquarters at 916-329-9140.



With the recent retirement of Lanterman’s Chapter President Brad Whitehead, CAPT’s new task force representative is Megan Gordon, Sonoma Chapter President.

CAPT maintains its involvement to demonstrate that the developmental centers and their professional staff are true resources to California’s most fragile individuals.

Megan took part in the force’s workgroup meeting in Sacramento on December 16.

“It’s important that the unions have a place at the table as we have not been an integral part of the development up until now,” said Gordon.

“The meetings will give me an opportunity to observe the discussions about the barriers to community placement and recruiting staff to work for regional centers. The reimbursement rates for the care of the clients is too low, and the pay for many of the jobs is inadequate to fill and retain the positions.”

Megan said she is watching to see how these situations improve, adding that it has been good to meet the many “movers and shakers” involved from all over the state and from so many different departments.

“Having our SDC Parent Hospital Association’s President Kathleen Miller as part of the group is important: I know she speaks the truth about the perspective of the family members of SDC clients,” added Gordon.

The SDC PHA hired Consultant Markley Sutton to help them articulate their concerns, and both he and Kathleen are present in the SDC Coalition meetings - a group of local folks specifically interested in the future of SDC as an employer, a service and a large important piece of land.

The Task Force’s focus has changed from just the future of SDC to the future of developmental disability service statewide. Megan said she has only been to two meetings so far but has been given a lot of history and information, which is available to the public at the task force’s website at:

http://www.chhs.ca.gov/pages/DCsTaskForce.aspx

CAPT continues involvement in the state’s Developmental Services Task Force

Staff at CAPT Headquarters have been deal-ing with some concerning situations lately: Some CAPT members have retained their life-insurance benefit and have passed away, but had not updated their insurance beneficiaries in some time, mean-ing the benefits have gone to ex-spouses or others members may not have wished after years have passed since they last designated a beneficiary.

By law, our insurance carrier must award insurance funds to the person you have desig-nated on your signed membership application card. Period.

And if you do not designate an insurance beneficiary and leave that portion of the member-ship application blank, the insurance benefit will be awarded to your general estate, not to a particular person.

Make things easier on yourself and your loved ones: Take some time to call CAPT Headquarters at (800) 677-2278 and double-check your insur-ance beneficiary today.

Here is a telephone call that is painful to take: Someone calls CAPT Headquarters after a retired state Psych Tech has passed away, asking about life-insurance-benefit assistance, only to be told that, because the retiree did not carry CAPT membership into retirement, the union is unable to assist with these final financial needs.

We at CAPT again urgently remind state Bargaining Unit 18 members: If you are think-ing of retiring or have just retired in the past few weeks, please call CAPT Headquarters if you want to continue these benefits. Each time we are notified of a retirement through the State Controller’s Office, we follow up with a reminder letter and retiree membership application to the member. For your insurance to continue after re-tirement – for only $5 per month – you must return this application or contact CAPT Headquarters within 31 days of the last day of the month in which you retired.

If you fail to do so, your policy for $5,000 term-life benefits and additional $5,000 for accidental death/dismemberment benefits will lapse and cannot be reinstated. But sometimes even those notices from the Controller’s Office come too late. So if you’re retiring and wish to continue your life-insurance benefit, please contact us immediately. We’re happy to help!

Who’s your insurance beneficiary?We don’t know either,

unless you tell us!

Here’s the phone call we don’t want to take


AT METRO STATE HOSPITAL AT CORCORAN STATE PRISONFollowing the union’s multiple attempts to halt implementation of drasti-cally inadequate staffing changes at CSP-Corcoran, the CAPT Board voted in December to issue ‘red-tag’ sanctions against the prison.

CAPT has been strongly opposed to the change in staffing since the propos-als were issued in September. On November 7, CAPT activists and staff met with California Department of Human Resources and Correctional Health Care Services staff to voice major concerns with the newly-proposed master assignment rosters for Psych Tech staffing in our state prisons.

Despite assurances from the state that it would audit the staffing models and address our concerns, CSP-Corcoran ignored the directive and moved forward with the unsafe staffing changes on December 2. On December 11, CAPT gave CCHCS officials yet another opportunity to stop and reverse the dangerous staffing changes at CSP-Corcoran. Again, our safety-based concerns were ignored. And, of our press date, staff have reported that no corrective actions have yet been taken to address these staffing issues. The new staffing changes place staff and inmate-patients at great risk, requiring many of our psych techs to now cover both high-volume medication administration and mental health rounds during the same shift.

“The staffing model doesn’t meet the standard of care that inmate-pa-tients should receive, nor does it uphold the ‘constitutional’ level of care mandated by the federal courts, so we must work to uphold the needs of our individuals and facilities’ legal responsibility to those in our care,” said CAPT Corrections President Jennifer Are.

The process of passing meds is detailed and strict protocol must be ad-hered to. One psych tech may be required to administer to as many as 80 inmate-patients and process as many as 600 medications. Since December 2, the medication administration and mental health rounds at CSP-Corcoran have not been completed by the same person within an 8-hour shift.

“This new staffing model is just not possible, resulting in staff being mandated to stay over to complete the duties,” said Ann Lyles, CAPT consultant. “In addition, the staffing changes were implemented with-out consideration of the already low staffing levels. In December there were 233 unfilled psych tech assignments at CSP-Corcoran.

As with Metro, CAPT contends that these unsafe working conditions will not be tolerated and the red-tag will remain until they have been corrected.

Formal sanctions warn interested parties from applying for jobs and blasts the facilities for endangering inmates, patients and staff

CAPT HOLDS FIRM ON RED-TAG SANCTIONS

We’re quickly approaching the one-year anniversary since CAPT slapped a ‘red-tag’ sanction on Metropolitan State Hos-pital. In its frustration over the hospital’s widespread contract violations, including excessive mandates of overtime, the CAPT Board saw no other option in its resolve to ensure safe working conditions for its members.

So in this case, no news is NOT good news. Despite what appeared early on to be attempts by the hos-pital to improve working conditions – such as in-creased staffing and days off, vacation and ad-hoc improvements – no per-manent corrections have been implemented.

“Unfortunately mandates are still out of control, over the holidays we filed nu-merous grievances over contract violations relat-ing to the hospital’s prac-tice of excessive mandat-ing,” said Metro Chapter President Eric Soto.

The CAPT Board’s deci-sion to red-tag a facility is never reached without due consideration and only after attempts to work with facility man-agement have failed.

“CAPT remains open to working with management in an attempt to remedy the problems. We want to be part of the solution, but our main objective will continue to be to ensure safe staffing numbers and maintaining our contract rights, said Soto.”

Until our issues are addressed and more improvements are made, the sanction will remain.

Soto at CAPT’s May 8 informational picket against MSH’s blatant contract violations.


CAPT PDC’s RDO-win benefits all departments

On January 30, 2015, Arbitrator Matthew Goldberg sustained CAPT’s grievance against DDS-Porterville. The issue decided by the arbitration was whether “RDOs” (regular days off) that fall within a vacation period are considered remaining days on the calendar, and thus open for ad hoc bidding at Porterville Developmental Center.

PDC Chapter President Mike Simental (right) brought this grievance because management at PDC refused to allow RDOs to be placed on the ad hoc vacation calendar, thus limiting the number of vacation days available to psychiatric technicians.

The arbitration showed that when CAPT and the State entered into the 5% side letter in June 2012, the parties agreed that vacation bidding at DDS facilities would change to be consistent with the procedures at DSH and CDCR facilities. At DSH and CDCR facilities, RDOs were placed on the ad hoc vacation calendar. The side letter removed the discretion DDS facilities had to limit what days were made available on the ad hoc vacation calendar, and required that DDS follow the same vacation and ad hoc vacation procedures that DSH and CDCR followed.

N o t w i t h s t a n d i n g this agreement, PDC management refused to allow RDOs to be placed on the ad hoc vacation calendar,

This was a great victory! As a precedential win, it will not only benefit our Porterville members,

but the entire bargaining unit!

arguing that its “past practice” of not allowing RDOs to be placed on the ad hoc calendar was controlling.

Arbitrator Goldberg r e j e c t e d D D S - P D C ’s argument finding that the “past practice” was abolished by the side letter as well as

CAPT’s subsequent contract with the State. He noted that: “If the parties intended to include RDO’s within the meaning of the term ‘vacation period,’ they would have said so explicitly in their contract. However, there is nothing in the contract which places the limitation on ad hoc bidding which the department seeks to impose.” He concluded that: “Accordingly, the parties mutually intended in their side letter to incorporate the terms ‘vacation period’ and ‘remaining posted dates of the calendar’ as they were understood and applied by CDCR, namely, that all RDO’s were open for ad hoc bidding.”

The arbitration decision is binding on the State—at DSH, DDS, and CDCR facilities. Therefore, make sure that RDOs are being placed on the ad hoc vacation calendar’s at your facilities.

For information on all issues relative to your working conditions, please refer to your 2013-2016 contract. The contract is available in PDF format on both the CAPT website at www.psychtechs.net and the Department of Human Resources’ site at www.calhr.ca.gov.If you or any other Bargaining Unit 18 employee is in need of a contract, you may request one from your local chapter or call CAPT Headquarters where we can verify your address and forward you a copy.


Continued on Page 11

By Dr. Stephen Seager

Like all five California state forensic mental hospitals, Napa State Hospital, where I work, suffers from a plague of violence. Top administrators who oversee the system, however, are slow to respond.

The vast majority of patients don’t pose a risk. But the fraction who do make it unsafe for the patients who hope to get better, and for the doctors, nurses and medical technicians who want to help.

I was exposed to the violence at Napa on my first day when a brawl occurred on the unit. A patient was badly injured, and my head got banged into a wall. And it simply has continued on that way. I fear for myself, the staff and the patients. And that’s why I stay.

Their stories need to be heard. The violence they endure cannot go unnoticed any longer.

Napa State has roughly 3,000 assaults a year. Patients most often are the victims, though staff members have been attacked, too. Staff and patients have been murdered.

During a three-day period last year, a collection of hospital “incident reports” showed 30 assaults had oc-curred. Here is some of what the reports say:

“(Patient) came out of the restroom with her left fore- arm dripping with blood.”

“(Patient) sustained a possibly broken nose.”

“(Patient) found in his room assaulting his roommate.”

“(Patient) Help! Mr. X just punched me. … (Patient) hit (patient) on the left cheek while standing in the hallway.”

“(Patient) attempted to assault nurse.”

“(Patient) placed in 5-point restraints after injuring two staff.”

“Staff reported two patients swinging at each other with closed fists.”

“Staff witness(ed) patient stabbing female peer in the head with a pencil.”

A violent place we call a hospital

Nine incidents were simply reported as “aggressive acts toward staff,” or “aggressive act toward another indi-vidual.”

In July 2011, psychiatrist Laura Dardashti said in an NPR radio report that when she started working at Metro-politan State Hospital near Los Angeles, she was told that it’s not if you get assaulted, but when.

Dardashti’s turn soon came when a psychotic patient grabbed her by her hair. It took four staff members to get the patient off. That wasn’t the worst part. “I remember driving to work the next day with a wave of panic coming over me and tears welling in my eyes, thinking, ‘I don’t know if I can do this,’” Dardashti said.

At Atascadero State Hospital, the San Luis Obispo Tribune reported in 2012: “The number of assaults result-ing in injury to staff at Atascadero State Hospital has more than doubled in the past seven years.”

At Napa State, the powers that be at least admit the problem.

The following was written by Dr. Stephen Seager, a staff psychiatirst at Napa State Hospital. He is also the author of “Behind the Gates of Gomorrah: A Year with the Criminally Insane.”

The following was printed as a special submission in the 2/7/15 issue of The Sacramento Bee.

Photo credit: J.L. Sousa, photo editor Napa Valley Register

OCTOBER / NOVEMBER - 11

Last June, an email to staff read: “This message is being sent in recognition of the recent increase in serious acts of aggression result-ing in injuries to both patients and staff. It is most unfortunate and disturbing that violence remains a part of our hospital experience.”

The California Department of State Hospitals, which oversees the state psychiatric hospitals, convened a two-day “Violence Risk Steer-ing Committee Summit” at Coalinga State Hospital in November.

An executive summary stated that the department should strengthen data collection, “consider allocating more data manage-ment” and switch to “modified and updated methods of reporting violence.”

This is nonsense.

Three thousand assaults per year at Napa State is data enough. The problems at Napa and other state mental hospitals are easily identifiable and most are eminently fixable. A survey of persons who work at Napa State produced this list of reasonable changes:

▪ Move staff members’ offices away from inpatient units. One reason for assaults on the staff is people getting hit either entering or leaving their office.

▪ There are no guards on the units. We freely walk the hospital corridors among the criminally insane. For people intent upon using violence, close contact breeds opportunity. Guards should escort staff on and off the units.

▪ Patients are frequently assaulted in common day halls or when intruders enter their rooms at night. Hall monitors and permanent day hall guards would help this.

▪ We need segregation for the worst offenders. Construction of a psychiatric Intensive Care Unit or Containment Unit which would house the 10 percent of patients responsible for the lion’s share of beatings would help a great deal. At Napa, a five-year pilot program has tentatively been approved for one such unit, if the funds are avail-able.

▪ Most importantly, every patient sent to a state forensic hospital should come with a court order for administration of anti-psychotic medications. Our patients are the mentally ill who have success-fully employed the “insanity defense” being found either not guilty by reason of insanity or incompetent to stand trial. They are remanded for care in lieu of serving prison time for their crimes.

And yet, owing to Superior Court decisions, unless specifically ordered by a judge, these people may refuse that treatment. Too many violent mentally ill persons remain unmedicated.

If a criminal avoids jail to get treatment, he or she should have to receive that treatment. How can patients get better if they’re getting beaten up all the time? How can the staff help if they work in fear for their safety?

I hope Pam Ahlin, Gov. Jerry Brown’s newly appointed director of the Department of State Hospitals, will see this. Maybe state legisla-tors will take notice. Maybe the governor himself will make something happen. They are, after all, ultimately responsible for how the state hospital system operates, and for the safety of the patients and staff.

CAPT Commentary

By Coby Pizzotti CAPT Consutlant

There are two things that CAPT has been advocating for that Dr. Seager did not directly mention in his article that would greatly reduce the num-ber of assaults at the state hospitals:

1) Increase the minimum

staffing ratios from 1:8 AM, 1:8 PM, and 1:16 NOC to 1:6 AM, 1:6 PM, and 1:12 NOC.

This is single handedly the best way to reduce the level of violence inside our facilities.

2) Post hospital police officers

on every unit, or at the very least on units that are the most dangerous or have the highest acuity.

We have proposed to the Depart-ment that a plain clothed HPO be stationed on every unit.

They would still wear polo shirts that in some way identified them as law enforcement and would wear their “Sam Brown” belts, but the response times would be cut down to seconds instead of minutes.


CAPT now has two Corrections Chapters!Corrections Chapter and previous Corrections Chapter Vice President Josette Manning as the Southern Corrections Chapter President.

This was done in lieu of holding a time-consuming election pro-cess, thus providing continuity of representation with experienced officers and establishing a new southern chapter with a solid knowl-edge base.

Following implementation of the separation on January 1, each chapter president submitted her recommendation for appointment of her chapter’s vice president and secretary-treasurer. As required by CAPT, any appointment to the position of chapter vice president must be approved by the State Executive Committee and the appointment of any other officer approved by the State President. All chapter ap-pointments are confirmed, each with an effective date of January 1, 2015. Each term of office will run through May 31, 2016.

On the next page are the list reflecting which Bargaining Unit 18 members will be covered by each chapter. Currently each will represent a fairly equal number of BU-18 members in 18 facilities.

Effective January 1, the CAPT Corrections Chapter was realigned into two chapters – the Northern Corrections Chapter and Southern Corrections Chapter.

The decision to separate the chapter, which covered 36 facili-ties statewide, was made by the CAPT Board of Director’s at its quarterly meeting in December.

As our bargaining unit numbers continued to grow in CDCR/CCHCS, it became increasingly difficult for one chapter to cover the needs of the nearly 800 psych techs statewide.

The separation provides for additional CAPT officers for the purpose of enhanced representation by each chapter covering a smaller regional area and number of members. It will also seat an additional member on the CAPT Board of Directors and Contract Negotiating Team to represent statewide union issues and those specific to CDCR/CCHCS Psych Techs.

In accordance with the Association’s Constitution and Bylaws, the CAPT Board approved the chapter president appointments by maintaining Jennifer Are as Chapter President for the Northern

Northern Corrections Chapter:Jennifer Are (left), Chapter President (SATF)(559) 970-2283 / [email protected] Souza, Chapter Vice President (CSP-Sac)Chris Craig, Chapter Secretary-Treasurer (SATF)

Southern Corrections Chapter:Josette Manning (right), Chapter President (CIW)(760) 520-5159 / [email protected] Taylor, Chapter Vice President (CMC)Patricia McNeil, Chapter Secretary-Treasurer (CIW)

Again, this realignment was implemented to better represent CDCR/CCHCS Psych Techs. In addition to your local representatives, Bargaining Unit 18 members are always welcome to reach out to CAPT’s state officers and consultants. Contact information is listed on page 3 or available by contacting CAPT Headquarters at (916) 329-9140 or (800) 677-2278.

While CAPT currently has a core of dedicated, hard-working stewards in our state facilities, more is always better. That’s why we need you!

Stewards aren’t just contract enforcers and grievance handlers. Stewards also are grassroots leaders for change, working together with chapter officers on issues facing our facilities, our clients and our services.

But even if you don’t decide to become a full steward, the free training empowers you with vital information about your rights on the job. Contact your chapter president today to find out more about the next scheduled steward training.

Stewards make us stronger!

CAPT now has two Corrections Chapters!

Southern Corrections Chapter

ADULT and YOUTH PRISONS

1. California State Prison, Corcoran

2. Pleasant Valley State Prison

3. Avenal State Prison

4. Kern Valley State Prison

5. North Kern State Prison

6. Wasco State Prison-Reception Center

7. California Men’s Colony

8. California Correctional Institution

9. California City Correctional Facilty

10. California State Prison, Los Angeles

11. Ventura Youth Correctional Facility

12. California Institution for Men

13. California Institution for Women (pictured)

14. Chuckawalla Valley State Prison

15. Ironwood State Prison

16. Calipatria State Prison

17. Centienela State Prison

18. R. J. Donovan Correctional Facility

Northern Corrections ChapterADULT and YOUTH PRISONS

1. Substance Abuse Treatment Facility

2. Pelican Bay State Prison

3. California Correctional Center

4. High Desert State Prison

5. Folsom State Prison

6. California State Prison, Sacramento

7. California Medical Facility

8. California State Prison, Solano

9. Mule Creek State Prison

10. San Quentin State Prison (pictured)

11. Youth Correctional Facility

12. Sierra Conservation Center

13. Deuel Vocational Institution

14. CHCF - Stockton

15. Central California Women’s Facility

16. Valley State Prison

17. Salinas Valley State Prison

18. Correctional Training Facility



1) Invasiveness. Be aware of the body search restrictions described above. You should not feel as if you are being detained, and the custodial staff should be professional and respectful at all times.

2) Presence of a CAPT Representative. While negotiation is ongoing, it is CAPT’s position that you have the right to union representation as soon as you are randomly selected. This is up to your discretion, and be aware that it may take time to locate a CAPT representative. Which leads to. . . .

3) How to account for the time the search takes. A supplemental FLSA sign-in sheet should be provided to you as soon as you are randomly chosen for search. This sign-in sheet will be essential in making sure you are not docked for this time or be subject to adverse action for tardiness. ALWAYS BE SURE TO SIGN IN AS SOON AS YOU ARE SELECTED. Obviously, problems may arise in this area, especially if it takes substantial time to locate a CAPT representative. However, it is CAPT’s position that it is your right to a representative during this process. It is unclear at this time how CDCR will be addressing this issue.

Please contact CAPT immediately at either 916-329-9140 or 800-677-2278 if ANY of the above issues arise, or if you have any further questions or concerns.

CAPT addresses concerns over CDCR’s new drug and contraband screeningThe California Department of Corrections and Rehabilitation is implementing a new drug

and contraband screening program at its facilities. This program went into effect on October 15, 2014 and will be phased into implementation at each facility.

1) When entering the facility, you will be required to press a randomizer button. The button is programmed to randomly select 5% of all entrants.

2) If you are not selected, you are free to enter the facility.

3) If you ARE selected, then you will be required to proceed to a private search location, where you will be subject to an ION scanner search. The ION scanner is a device which detects traces of drugs or contraband.

4) The ION scanner technician will take a patch of fabric and swab it on your hands, clothing, commonly touched articles, or somewhere else on your person (AT NO TIME SHALL A SWAB BE USED ON YOUR GROIN OR BREAST AREAS).

5) The swab will be placed through the Ion scanner for testing. If the test is negative, then you are free to enter the facility.

6) If the test is positive, you will be allowed to wash your hands and then a second test will be performed by swabbing in the exact same manner as the first test. 7) If the second test is positive, custody supervisory staff of your same gender will be notified immediately.

8) At that time, a clothed body search will be performed by the custody supervisory staff, and any item on your person can be searched thoroughly. At no time should you feel restrained or maintained control of. At no time should groin, butt, or breasts be searched other than pockets. If no contraband is discovered, you are free to enter the facility.

9) If contraband is discovered, you will be detained until further staff arrives, and you will be subject to arrest.

THE SCREENING PROCESS IS AS FOLLOWS:

CAPT’S CONCERNS:


Several Psychiatric Technicians working in a number of California state pris-ons recently contacted CAPT to ask if it was within the PT scope of practice to perform electrocardiograms, commonly known as “EKGs.” The procedure monitors electrical activity of the heart and cardiac functionality.

CAPT reps contacted the Board of Vocational Nursing and Psychiatric Techni-cians’ nursing education consultants, who provide analyses on scope-of-practice issues. Here is their complete response:

“The performance of EKGs is considered a technical manual skill and may be performed by the PT in accordance with a physician’s order. Prior to perfor-mance of this procedure, the PT must possess the knowledge, skill and abilities to perform competently and safely. If training is needed, it is the responsibility of the employer to provide the training and ensure competence. The Board strongly suggests that the training and competency be documented in the individual’s personnel file.”

For specific questions about the Psychiatric Technician scope of practice, contact the California Board of Vocational Nursing and Psychiatric Techni-cians’ Nursing Education Unit – which oversees scope-of-practice issues – at (916) 263-7843 or contact CAPT for assistance.

Under our scope

‘Can Psych Techs perform EKGs?’

DOCUMENTATION: It’s not just for client care!As licensed Psych Techs and certificated PTAs, we know the huge importance of accurate charting and documentation

and how it can help and protect our clients and patients.

But there’s another kind of documentation that needs to happen as well: While it’s second-nature to us to provide key client information and observations in our nursing charts and notes, the same thing needs to happen when we see contract violations or other workplace concerns.

• Get it in writing. Bargaining Unit 18 members sometimes are given inaccurate or improper direction or information. If this happens to you, politely request to see this direction or information in writing or in memo form and to have a copy given to you. If your request for written information is denied, promptly make a note for your own records with the date and details of the issue discussed and that you were denied a copy of the information in writing.

• If something isn’t right, write it down. If you are having issues at work with something like staffing or safety, write those concerns down in the official nursing chart or notes and also write what you tried to do to rectify the problem, such as notifying supervisors of your concerns, as well as management’s reaction to your efforts.

• Rumors don’t cut it. It’s not enough to say “I heard...” or “Someone told me. ...” Those statements just don’t hold water. We need proof! Representation documentation at its best needs to answer the six question words: who, what, where, when, why and how. Names count; times count; details matter. A single e-mail, notation, message or letter can sometimes make all the difference.

“If it’s not documented, it didn’t happen” is often the motto of management when we need to file a grievance, pursue a complaint, seek contract language or legislation, go to court or otherwise prove our case. So imagine how much easier those cases are to prove when there are pages and pages of documentation, notes and testimony from professionals like yourself to back us up.

Help our stewards and activists work for change on behalf of both ourselves and those we care for by documenting concerns and issues at your facility. Contact your chapter office today to find out how you can get involved!


Management’s behavior called into question in Metro’s ‘Snickergate’


As we previously reported, Metro activists are keeping pressure on MSH management with a major complaint on an unfair accusation in which two Metro managers accused a Psychiatric Technician of providing contraband candy to patients.

On January 22, CAPT activists met with Metropolitan State Hospital Executive Director Dr. Barsom to discuss this issue in which management staff of the program took a “selfie” photo of themselves eating Snickers Bars holding a bag of the bite-sized candies and sent the picture text to one of our members with the words, “you’re busted.” This harassing text prompted CAPT to file a complaint on behalf of the member, which was initially denied at the first level and then again denied by the Executive Director.

The denial of the complaint prompted CAPT to contact DSH Headquarters to notify them of the injustice that is transpiring at Metro. When DSH-HQ found out what was going on at Metro, they immediately set up a meeting with CAPT consultants, CAPT-Metro representatives and MSH Executive Director Dr. Barsom.

Dr. Barsom said he was very concerned about the management staff’s behavior and treatment of the CAPT member in question, and offered a sincere apology for the behavior that transpired and vowed to continue to investigate this incident. He further asked that if any of our members receive harassing or threatening treatment to please come forward,

as this type behavior on behalf of management will not be tolerated and he will personally see to it that all complaints will be thoroughly investigated. He emphasized that he cannot investigate complaints that he does not know about, so he implored our members to come forward.

All-in-all the meeting was a success and ended with the CAPT activists and the member in question glad the meeting transpired. CAPT Metro representatives would like anyone that has received harassing or threatening treatment from any management staff to please come forward. CAPT Metro representatives want to hear from you. Dr. Barsom has offered an open door to meet with anyone that received this type of treatment, as it will not be tolerated.

“We made it clear that the type of behavior demonstrated by these managers was completely inappropr iate and a reflection of the executive director’s leadership. If he allowed this type of behavior then he was condoning it,” said Metro Chapter President Eric Soto.

Now!

See safety concerns? Tel l your supervisor and contact CAPT!

Through our own efforts and together with the Safety Now Coalition of employee groups, change continues in our state hospitals. Alarm improvements and repairs are moving forward, there’s more direct-care staffing on the units and grounds-presence teams are making progress. But we’ve got to keep the action up and the pressure on! If you have alarm concerns, staffing concerns, or any kind of safety concerns, contact your supervisor and your CAPT chapter right away! And be sure to contact your chapter office to find out the latest on safety issues and how you can help, no matter where you work.

This is the direct line to the California Board of Vocational Nursing and Psychiatric Technician PT Licensure Unit. For fastest response, please use this line or e-mail the board at [email protected].

Researchers recently found that, in San Diego County infants autopsied for sudden infant death syndrome, more than 40 percent showed an abnormality in a part of the hippocampus called the dentate gyrus, with some parts containing a double layer of nerve cells instead of the typical single layer. As reported in Acta Neurpathologica, the researchers believed it was possible that this abnormality could interfere with the brain’s regulation of breathing and heart rate while a child is sleeping.

The National Library of Medicine was established in 1836. Founded with just a few shelves of documents, NLM now has nearly 19 million books, journals, manuscripts, audiovisuals and other forms of medical information, making it the largest health-science library in the world. Find out more and view countless online collections and materials at www.nlm.nih.gov.

Chromosome 15 spans more than 102 million DNA building blocks and represents more than 3 percent of the total DNA in cells. Many genetic conditions are related to or associated with changes, copies or deletions in particular genes on chromosome 15 including Angelman syndrome, Prader-Willi syndrome, Tay-Sachs disease and breast cancer.

More than 40 percent


NumbersOf

NOTE(916) 263-7830

1836

15

For years SDC policy has been that once a condition has been deemed “lifetime” by a medical care provider, employees no longer had to deal with paperwork from the provider, and were required to simply update a form themselves yearly to keep their FMLA benefits current. That prac-tice has ended.

Employees who in good faith repeated this process at the end of 2014 will not be counseled or penalized as being out of compliance when using that FMLA.

It is very important however that former “lifetime” FMLA employees obtain new documents, get them filled out by the practitioner, and resubmit them ASAP to SDC Human Resources.

CAPT FMLA experts assure us that this process is legal and followed by other facilities in all other departments.

SDC has assured us that it will update their current written FMLA policy, as it cur-rently includes outdated lifetime informa-tion. SDC Managers will start receiving training in March with the updated policy language.

Questions? Contact your chapter or CAPT Headquarters.

‘LIFETIME’ FMLA

Ends at SDC


REVIEW OF TRIALS FINDS ONLY HALF OF PATIENTS TAKE MEDS AS PRESCRIBED

research&With more than 100,000 people currently awaiting kidney transplants according to the National Kidney Foundation, “living donors” are more in need than ever. But new research shows that most potential donors can’t donate kidneys due to preventable health problems as well as possible loss of income.

Researchers led by Wake Forest Baptist Medical Center’s Dr. Anthony Bleyer found that 55 percent of the population doesn’t meet the criteria to donate because of health conditions like hypertension, obesity, excessive alcohol intake and diabetes. In addition, they reviewed the number of individuals who fell below the poverty line and therefore might not be able to donate due to financial difficulties, as well as potential donors’ immigration status. All told, according to their research, 68.5 percent of the U.S. population would not be eligible to donate kidneys.

“Lower-income people need transplants more commonly, but individuals from these economic strata are less likely to donate because of health problems, finances and immigration status,” said Bleyer.

A new systematic review published in The Cochrane Library finds that only about half of all patients who are prescribed medication they must administer themselves actually take their medications as directed.

Researchers considered data from 182 trials studying a wide range of medical conditions and also trialed many different interventions for increasing adherence to medication. They found wide-ranging effects on medication adherence and patient health, with many involved in the trials stopping taking the medications altogether and others not following instructions for taking it properly. And out of the 182 trials studied, only five showed both improvements in health outcomes for patients and in medication adherence.

“Based on this evidence, it is uncertain how adherence to medication can be consistently improved,” said lead researcher Robby Nieuwlaat of Canada’s McMaster University. “We need to see larger and higher quality trials, which better take in account individual patient’s problems with adherence.”

StudiesMOST ADULTS CAN’T BE ‘LIVING DONORS’ DUE TO PREVENTABLE HEALTH PROBLEMS, POTENTIAL INCOME LOSS

The researchers recommend providing compensation for lost work for individuals with lower incomes, addressing immigration issues and improving the health of the population. With that in mind, it should be noted that California law and the CAPT contract outline leave rights and assistance for state-employed Psych Techs and related professionals choosing to become urgently needed “living donors” - contact your chapter office for more information.


Licensing andCertification

REMINDERS

Next workshops scheduled for March, April and May; contact CAPT for participation-right details

The California Board of Vocational Nursing and Psychiatric Technicians is recruiting participants for upcoming workshops dealing with PT Occupational Analysis (OA) and with California Psychiatric Technician Licensing Examination (CAPTLE) development.

Opportunities are available for both newly licensed and more experienced PTs to participate in these workshops. The most immediate need is for individuals working as PTs and licensed for one to 10 years – and a need of individuals with one to five years of experience. It is important to have good representation from all parts of the state, as many types of settings as possible, and a variety of educational programs.

The BVNPT will provide transportation, lodging, continuing-education credits, and per-diem food expenses, as per state regulations.

The first workshops already took place this fall and winter, but more are scheduled for March, April and May.

Participating in the workshops is rewarding, fun, stimulating, and a great way to network. It’s also an important way to contribute to the PT profession. What’s more, workshops are an excellent way for recently licensed or seasoned PTs to work with the Board. Subsequent workshops will be composed of a combination of newly licensed and the most experienced PTs.

To register for these workshops or to get more details, please contact BVNPT Nursing Education Consultant Donna Johnson at (916) 263-7842 or e-mail her at [email protected]. And if you’re a Psych Tech employed in a State of California facility, please note that Article 7.16 of our CAPT contract outlines helpful language on participating in events that benefit the state – contact your chapter office to let them know about your workshop participation as well so we can ensure your rights are upheld.

BVNPT seeks Psych Techs for subject-matter feedback

Your CAPT activist and reps want to remind all Psychiatric Technician Assistants about key CNA renewal information:

FYou must take 48 hours of training between renewals

FYou may not take all 48 hours in a single year

FAt least 12 hours of training must be in one year

FYou may take 12 hours of your training online per year; the rest must be done in a classroom or other in-person setting

FA “year” is defined from your birthday to the next birthday, not by calendar year

FYour facility must allow you to take all training on work time, but taking the 12 hours per year is simply an option for you, especially if you are on workers’ comp.

Don’t wait to the last minute! If you have not met renewal training requirements, you will need to reactivate your certificate by taking the CNA test over again. To do so, you much receive an approval letter – which includes retesting information and locations – through the U.S. Mail before any agency will let you retest. Retesting costs $90.

We know this is a lot of information, but we want to help keep you – and your CNA certificate – up to date! For more information, contact your chapter office or the California Department of Public Health, our stat’s CNA certifying agency, at [email protected].

Don’t forget important requirements for CNA renewals

PTAs!


As Santa arrives, children patiently wait to see what he has in his bag!

Stewards are our foundationIt can never be emphasized enough just how important job stewards are. You know that a building’s only as strong as its foundation. In a union, our stewards are our foundtion. And the more stewards we have, the stronger we are!

The Patton Chapter trained several of their members at a November 14 steward training.

CDCR / CCHCS CAPT members were educated and empowered at a November 24 steward training. This was the final class held at CAPT’s Southern Regional Office, prior to the closure of Lanterman Develop-mental Center in December.

PATTON spreads holiday cheer with its annual ‘Techs for Tots’ event

The CAPT Patton Chapter once again joined forces with coworkers for its annual ‘Techs for Tots’ toy drive, motorcycle parade and gift giveaway December 13.

H

igh

ligh

tContract

Referral of assault/batteryArticle 10.12 of our contract is short and to the point: Facilities “shall refer all cases involving a ward, inmate or patient assault and/or battery as defined by existing laws on an employee to the appropriate prosecuting authority.”

This language takes the decision-making prosecution onus off of injured employees and puts it on management, who should now automatically address these issues.

And if this process isn’t happening, we need to know! Contact your chapter office for assistance or to get involved in our statewide safety efforts, wherever you work.

Information on this contract provision is located in the 2013-2016 CAPT Contract (Article 10.12 - Page 99)

You have the right to predesignate your treating physician for on-the-job injuries. Fill out this form, make a copy for yourself, and return it to your personnel office.

PREDESIGNATION OF PERSONAL PHYSICIAN

In the event you sustain an injury or illness related to your employment, you may be treated for such injury or illness by your personal medical doctor (M.D.), doctor of osteopathic medicine (D.O.) or medical group if:

your employer offers group health coverage; the doctor is your regular physician, who shall be either a physician who has limited his or her practice of medicine to gen-eral practice or who is a board-certified or board-eligible internist, pediatrician, obstetrician-gynecologist, or family practitioner, and has previously directed your medical treatment, and retains your medical records; your “personal physician” may be a medical group if it is a single corporation or partnership composed of licensed doc-tors of medicine or osteopathy, which operates an integrated multispecialty medical group providing comprehensive medical services predominantly for nonoccupational illnesses and injuries; prior to the injury your doctor agrees to treat you for work injuries or illnesses; prior to the injury you provided your employer the following in writing: (1) notice that you want your personal doctor to treat you for a work-related injury or illness, and (2) your personal doctor’s name and business address.

You may use this form to notify your employer if you wish to have your personal medical doctor or a doctor of osteo-pathic medicine treat you for a work-related injury or illness and the above requirements are met.

NOTICE OF PREDESIGNATION OF PERSONAL PHYSICIAN Employee: Complete this section.

To: _____________________________________ (name of employer) If I have a work-related injury or illness, I choose to be treated by:_______________________________________________________________________(name of doctor)(M.D., D.O., or medical group)

______________________________________________________________(street address, city, state, ZIP)

___________________________________________(telephone number)

Employee Name (please print): _______________________________________________

Employee’s Address:_________________________________________City_____________________Zip__________

Employee’s Signature_______________________________________________Date:_____________Physician: I agree to this Predesignation:

Signature:____________________________________________________Date:__________(Physician or Designated Employee of the Physician or Medical Group)The physician is not required to sign this form; however, if the physician or designated employee of the physician or medical group does not sign, other documentation of the physician’s agreement to be predesignated will be required pursuant to Title 8, California Code of Regulations, section 9780.1(a)(3). Title 8, California Code of Regulations, section 9783. (Optional DWC Form 9783 March 1, 2007 )

Injured at work?



Did you know a portion of your union dues or fees is tax deductible?

Federal law requires CAPT to give you a written estimate of how much of your membership dues or fair share fees go to the organization’s lobbying and political expenses.

The majority of the dues or fees you pay is allowable as an “employee business expense” deduction under your federal income tax. And your state tax is linked to the federal tax.

However, the part of your dues or fees that CAPT uses for political contributions and lobbying on behalf of Psych Techs is not tax-deductible.

For the 2014 tax year, that non-deductible political action/lobbying amount will be as follows: For each month you were a CAPT member, the non-deductible amount is $4.50.

So, for example, if you were a member for the entire year, your non-deductible amount would be $54. However, if you were a member for only the last six months of the year (July - Dec), your non-deductible amount would be $27. If prior to that you were employed, but not a CAPT member, those months would be calculated at the following fee-payer rate.

All other CAPT dues you paid in 2014 may be claimed as an employee business expense.

Since September 2000, CAPT has not used fair share fees for political action purposes. Therefore, only lobbying expenses of $1 a month are considered non-deductible for the 2014 tax year.

For example, if you were a fee payer for the entire year, your non-deductible political action/lobbying amount would be $12 and if you were a fee payer for only six months of the year, the amount would be $6. All other CAPT fees you paid in 2014 can be claimed as an employee business expense.

The same law requires CAPT to give members and fee payers an estimate of next year’s political action/lobbying expenses that are paid from dues and fees. The anticipated figure for the 2015 tax year is as follows:

Members: $4.63 / month (political action & lobbying contributions)

Fee Payers: $1.13 cents / month (lobbying contributions only)

These 2015 figures are tentative as final figures will be calculated next January.

Yep, it’s that time again!

Deductions for CAPT Members

Deductions for CAPT Fee-Payers

Estimated deductions for 2015

QUESTIONS? Contact CAPT Consultant Carol Wiesmann at CAPT Headquarters at 916-329-9140 or toll-free at 800-677-2278.


Help state-employed coworkers through Catastrophic Leave donations

Want to find out how many donations you’ve received? Contact your facility’s personnel department.

Those requesting donations on our online and magazine lists will automatically be removed by the next Outreach pub-lication date unless CAPT is informed of ongoing needs. If you still need to remain on our lists -- no problem! Just call Carol Wiesmann at (800) 677-2278.

CAPT got the concept of Catastrophic Leave off the ground two decades ago; the program’s been in our state Bargaining Unit 18 contract since 1989.

Article 6.9 of the CAPT contract gives state-employed Psych Techs and related professionals the right to request leave donations from coworkers in cases of financial hardship due to injury or the prolonged illness of the state Bargaining Unit 18 member or his or her family member, or for parental or adoption leave purposes.

You can help by donating vacation, annual leave, personal leave, CTO and holiday credits. Simply contact your person-nel office to fill out a Catastrophic Leave donation form. And don’t forget: You can donate to state employees who work in different departments or facilities.

If you need help and have received department approval to get leave donations, contact CAPT to be included in our publica-tions. You also may qualify for reduced union dues while you recuperate. Contact your chapter president to find out more.

BARGAINING UNIT 18 MEMBER(S) CURRENTLY IN NEED OF C.L. DONATIONS

Jessenia Molfino, PT - Atascadero State HospitalPatricia (Patty) Rasor, PT - Atascadero State Hospital

Workers’ comp legal help’s here for all BU18 members

Novey, Tribuiano & Yamada

law firm

CAPT is pleased to remind BU18 members about its partnership with a unique law firm focusing on state employees’ workers’ compensation issues.

While CAPT is always here for you on workplace, contract and licensing/certification representation issues, by law our organization is not allowed to participate in many workers’ comp issues. But now there’s help for all Bargaining Unit 18 members on these complex concerns with Novey, Tribuiano & Yamada.

What makes this statewide firm special is not only the attorneys’ many decades of workers’ comp and employment-law experience, but also that all of the attorneys specifically have state-employee, public-sector and labor backgrounds, giving them an unmatched perspective on the many issues affecting us.

“We take a common-sense approach to litigation through open lines of communication, professionalism, trust and respect to provide our clients with the representation they deserve,” said attorney Will Yamada, who together with Don Novey Jr. and John Tribuiano III formed the firm to address the unique needs of state and public employ-ees like ourselves. “We believe our clients deserve quick and efficient approaches to resolving a case with a focus on minimizing costs and maximizing results.”

Priding itself on its attorneys’ personal touch, Novey, Tribuiano & Yamada will also give all BU18 members a 3-percent discount on the standard state-regulated 15-percent recovery amount.

So if you’re injured on the job and need workers’ comp legal assistance, call Novey, Tribuiano & Yamada at (916) 333-5000, or to find out more about this special firm, visit www.ntylaw.com.

The Outreach magazine is CAPT’s flagship publication, with in-depth articles going out six times per year to Bargaining Unit 18 members and other Psychiatric Technicians throughout California, well as to legislators, members of the media and client advocates and families.

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PAIDPermit No. 46

Sacramento, CA

2015

JANUARY / FEBRUARY

OUTREACHpsychtechs.net

FAREWELL TO LANTERMAN

1927 -2014

California Association of Psychiatric Technicians

More than a developmental center: For 87 years Lanterman was a real home ,staffed by true professionals who cared for

many of California’s most vulnerable clients .

California Association of Psychiatric Technicians1220 ‘S’ Street, Suite 100Sacramento, CA 95811-7138

CHANGE SERVICE REQUESTED

farewell to lanterman 1927 -2014

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