Cal. Code Regs. Tit. 22, § 80072 - Personal Rights
(a)
Except for children's residential facilities, each client shall have personal
rights which include, but are not limited to, the following:
(1) To be accorded dignity in his/her
personal relationships with staff and other persons.
(2) To be accorded safe, healthful and
comfortable accommodations, furnishings and equipment to meet his/her
needs.
(3) To be free from corporal
or unusual punishment, infliction of pain, humiliation, intimidation, ridicule,
coercion, threat, mental abuse, or other actions of a punitive nature,
including but not limited to: interference with the daily living functions,
including eating, sleeping, or toileting; or withholding of shelter, clothing,
medication or aids to physical functioning.
(4) To be informed, and to have his/her
authorized representative, if any, informed, by the licensee of the provisions
of law regarding complaints including, but not limited to, the address and
telephone number of the complaint receiving unit of the licensing agency, and
of information regarding confidentiality.
(5) To be free to attend religious services
or activities of his/her choice and to have visits from the spiritual advisor
of his/her choice.
(A) Attendance at religious
services, in or outside of the facility, shall be on a completely voluntary
basis.
(6) To leave or
depart the facility at any time.
(A) The
licensee shall not be prohibited by this provision from setting curfews or
other house rules for the protection of clients.
(B) This provision shall not apply to minors
and other clients for whom a guardian, conservator, or other legal authority
has been appointed.
(7)
Not to be locked in any room, building, or facility premises by day or night.
(A) The licensee shall not be prohibited by
this provision from locking exterior doors and windows or from establishing
house rules for the protection of clients provided the clients are able to exit
the facility.
(B) The licensee
shall be permitted to utilize means other than those specified in (A) above for
securing exterior doors and windows only with the prior approval of the
licensing agency.
(8) Not
to be placed in any restraining device. Postural supports may be used under the
following conditions.
(A) Postural supports
shall be limited to appliances or devices including braces, spring release
trays, or soft ties, used to achieve proper body position and balance, to
improve a client's mobility and independent functioning, or to position rather
than restrict movement including, but not limited to, preventing a client from
falling out of bet, a chair, etc.
1.
Physician-prescribed orthopedic devices such as braces or casts used for
support of a weakened body part or correction of body parts are considered
postural supports.
(B) A
written order from the client's physician indicating the need for the postural
support shall be maintained in the client's record. The licensing agency shall
be authorized to require additional documentation if needed to verify the
order.
(C) Postural supports shall
be fastened or tied in a manner that permits quick release by the
client.
(D) Prior to the use of
postural supports that cause the client to become non-ambulatory, the licensee
shall ensure that a fire clearance, as required by Section
80020, has been secured.
(E) Under no circumstances shall postural
supports include tying of, or depriving or limiting the use of, a client's
hands or feet.
1. A bed rail that extends
from the head half the length of the bed and used only for assistance with
mobility shall be allowed. Bed rails that extend the entire length of the bed
are prohibited except for clients who are currently receiving hospice care and
have a hospice care plan that specifies the need for full bed
rails.
(F) Protective
devices including, but not limited to, helmets, elbow guards, and mittens which
do not prohibit a client's mobility but rather protect the client from
self-injurious behavior are not to be considered restraining devices for the
purpose of this regulation. Protective devices may be used if they are approved
in advance by the licensing agency as specified below.
1. All requests to use protective devices
shall be in writing and include a written order of a physician indicating the
need for such devices. The licensing agency shall be authorized to require
additional documentation including, but not limited to, the Individual Program
Plan (IPP) as specified in Welfare and Institutions Code section
4646,
and the written consent of the authorized representative, in order to evaluate
the request.
2. The licensing
agency shall have the authority to grant conditional and/or limited approvals
to use protective devices.
(9) To receive or reject medical care, or
health-related services, except for minors and other clients for whom a
guardian, conservator, or other legal authority has been appointed.
(10) To be informed of the facility's policy
concerning family visits and other communication with clients, as specified in
Health and Safety Code section
1512.
(b) Section
1531.15(j)
of the Health and Safety Code shall apply to a licensee of a Group Home or
Adult Residential Facility that has received approval from the Department for
the use secured perimeters.
(c) In
the event the a licensee of a Group Home or Adult Residential Facility is using
secured perimeters and a written consent has been obtained for a client
agreeing to the placement in the facility using secured perimeters, the client
or, as appropriate, the consumer's conservator or other person with legal
authority, shall have the right to withdraw the written consent at any time.
(1) If consent is revoked then the client
shall not be subject to secured perimeters.
(d) At admission, a client and the client's
authorized representative shall be personally advised of and given a list of
the rights specified in Sections
80072(a)(1) through
(10) and in the applicable Personal Rights
sections of chapters 2 through 7.
(e) The information specified in (b) above
including the visiting policy as stated in the admissions agreement shall be
prominently posted in areas accessible to clients and their visitors.
(f) The licensee shall ensure that each
client is accorded the personal rights as specified in this section and the
applicable sections of chapters 2 through 7.
Notes
2. Amendment of subsection (a)(8) filed 5-3-90; operative 6-2-90 (Register 90, No. 26).
3. Editorial correction restoring inadvertently omitted section (Register 98, No. 41).
4. Amendment of subsection (b) and NOTE filed 11-12-98; operative 12-12-98 (Register 98, No. 46).
5. Amendment of subsection (a) filed 8-16-2004; operative 9-15-2004 (Register 2004, No. 34).
6. Amendment of subsections (a)(8) and (a)(8)(B)-(D), repealer of subsection (a)(8)(E), subsection relettering, amendment of newly designated subsections (a)(8)(E)-(A)(8)(E)1. and amendment of NOTE filed 10-4-2005; operative 11-3-2005 (Register 2005, No. 40).
7. New subsections (b)-(c)(1), subsection relettering and amendment of NOTE filed 2-9-2017 as an emergency; operative 2-9-2017 (Register 2017, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-8-2017 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 2-9-2017 order transmitted to OAL 8-3-2017 and filed 9-15-2017 (Register 2017, No. 37).
Note: Authority cited: Sections 1530 and 1531.15, Health and Safety Code. Reference: Sections 1501, 1531 and 1531.15, Health and Safety Code.
2. Amendment of subsection (a)(8) filed 5-3-90; operative 6-2-90 (Register 90, No. 26).
3. Editorial correction restoring inadvertently omitted section (Register 98, No. 41).
4. Amendment of subsection (b) and Note filed 11-12-98; operative 12-12-98 (Register 98, No. 46).
5. Amendment of subsection (a) filed 8-16-2004; operative 9-15-2004 (Register 2004, No. 34).
6. Amendment of subsections (a)(8) and (a)(8)(B)-(D), repealer of subsection (a)(8)(E), subsection relettering, amendment of newly designated subsections (a)(8)(E)-(A)(8)(E)1. and amendment of Note filed 10-4-2005; operative 11-3-2005 (Register 2005, No. 40).
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.