California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 1 - General Licensing Requirements › Article 6 - Continuing Requirements › Section 80072 - Personal Rights

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(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.