California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8.5 - Residential Care Facilities for the Chronically Ill › Article 6 - Continuing Requirements › Section 87872 - Personal Rights

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Each resident 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 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 Department, 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 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 residents.
(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 residents
				  provided the residents 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
				  Department.
(8) Not to be
				  placed in any restraining device.
(9) To receive or reject medical care, or
				  health-related services.
(10) To be
				  informed of the facility's policy concerning family visits and other
				  communication with residents.
(11)
				  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 residents and
				  do not restrict availability of the telephone during emergencies.
(A) The licensee shall be permitted to
				  require reimbursement from the resident 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 call(s) has not been
				  received.
(12) To mail
				  and receive unopened correspondence in a prompt manner.
(13) To receive assistance in exercising the
				  right to vote.
(14) To move from
				  the facility.