California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 3 - Adult Day Programs › Article 6 - Continuing Requirements › Section 82072 - 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 in Health and Safety Code Section
				  1538
				  regarding confidential or anonymous complaints and of the address and telephone
				  number of the applicable licensing agency.
(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 day program, shall be on a completely
				  voluntary basis.
(6) To
				  leave or depart the day program at any time.
(A) The licensee shall not be prohibited by
				  this provision from setting house rules for the protection of
				  clients.
(B) This provision shall
				  not apply to clients for whom a conservator, or other legal representative with
				  authority to prohibit the client's departure, has been
				  appointed.
(7) Not to be
				  locked in any room, building, or day program site.
(A) The licensee shall not be prohibited by
				  this provision from locking exterior doors and windows or from establishing
				  rules for the protection of clients, provided the clients are able to exit the
				  day program.
(B) The licensee shall
				  be permitted to utilize egress control devices as specified in Section
				  82087.5(a).
(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 postural supports
				  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 which permits quick release by the
				  client.
(D) Under no circumstances
				  shall postural supports include tying of, or depriving or limiting the use of,
				  a client's hands or feet.
(E)
				  Protective devices including, but not limited to, helmets, elbow guards, and
				  mittens that 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 follows:
1. All requests to use protective devices
				  shall be in writing and include a written order of a physician indicating the
				  need for these 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 conservator, or other
				  legal authority has been appointed.
(10) To be informed of the program's policy
				  concerning family involvement and participation with
				  clients.