California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 2 - Social Rehabilitation Facilities › Subchapter 1 - Basic Requirements › Article 6 - Continuing Requirements › Section 81072 - Personal Rights

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 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 may not apply to 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
					 81072(a)(7)(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
					 bed, 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
					 81020, 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
					 rail.
(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 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.
(11) To visit the facility with his/her
					 relatives, mental health professional or authorized representative prior to
					 admission.
(12) To have the
					 facility inform his/her relative, mental health professional, or authorized
					 representative, if any, of activities related to his/her care and supervision,
					 including but not limited to notification of any modifications to the needs and
					 services plan.
(A) This may only be done with
					 prior written permission from the client.
(13) To have communications to the facility
					 from his/her relatives, mental health professional, or authorized
					 representative answered promptly and completely.
(14) To have visitors, including advocacy
					 representatives, visit privately during waking hours, provided that such
					 visitations do not infringe upon the rights of other clients.
(15) To wear his/her own clothes.
(16) To possess and use his/her own personal
					 items, including his/her own toilet articles.
(17) To possess and control his/her own cash
					 resources.
(18) To have access to
					 individual storage space for his/her private use.
(19) To have access to telephones in order to
					 make and receive confidential calls, provided that such calls do not infringe
					 upon the rights of other clients and do not restrict availability of the
					 telephone during emergencies.
(A) The licensee
					 shall be permitted to require reimbursement from the client or his/her
					 authorized representative for long distance calls.
(B) The licensee shall be permitted to
					 prohibit the making of long distance calls upon documentation that requested
					 reimbursement for previous calls has not been received.
(20) To mail and receive unopened
					 correspondence.
(21) To receive
					 assistance in exercising the right to vote.
(22) To move from the
					 facility.