§ 76525. Clients' Rights.
22 CA ADC § 76525Barclays Official California Code of Regulations
22 CCR § 76525
§ 76525. Clients' Rights.
(1) To be fully informed of his or her rights and responsibilities as a client and of all rules and regulations governing client conduct and responsibilities. Information shall be provided prior to or at the time of admission or, in the case of clients already in the facility, when the facility adopts or amends client rights policies; its receipt shall be acknowledged by the client in writing and witnessed by a third person.
(3) To be fully informed by a physician of his or her health and physical and medical condition unless medically contraindicated, as documented by a physician in the client's record, and to be afforded the opportunity to participate in the total care planning of medical treatment and to refuse treatment.
(6) To be encouraged and assisted throughout the period of stay to exercise rights as a client and civil and legal rights, and to this end to voice grievances and recommend changes in policies and services to facility staff and to outside representatives of his or her choice, free from restraint, interference, coercion, discrimination or reprisal.
(9) To be assured of the confidential treatment of all information contained in client records, including information contained in an automated data bank. The client's written consent shall be required for the release of information to persons not otherwise authorized under law to receive it. Persons representing the news media shall not be given any information that identifies or leads to the identification of client, including photographs, unless the client has given written consent. A client may provide written consent which limits the degree of information and the persons to whom information may be given.
(13) To treatment and habilitation services. Treatment and habilitation services should foster the developmental potential of the person. Such services shall protect the personal liberty of the individual and shall be provided with the least restrictive conditions necessary to achieve the purposes of treatment.
(29) To refuse psychosurgery notwithstanding the provisions of Sections 5325, 5326 and 5326.3 of the Welfare and Institutions Code. Psychosurgery means those operations currently referred to as lobotomy, psychiatric surgery and behavioral surgery and all other forms of brain surgery if the surgery is performed for any of the following purposes:
(b) All rights specified in Section 76525(a)(1) through (6) that pertain to a client for whom a guardianship or conservatorship has been established shall devolve to such client's guardian or conservator if so authorized by the order establishing the guardianship or conservatorship. All rights specified in Section 76525(a)(1) through (6) that pertain to a minor client shall devolve to that client's parents, or to the client's guardian or conservator if so authorized by the order establishing the guardianship or conservatorship.
(2) If the client or the client's authorized representative does not exercise the right to refuse specified in Section 76525(a)(27), (28) and (29), such treatment or behavior modification may be provided only after securing the written informed consent of the client or the client's authorized representative and after review and approval of the human rights committee.
(c) Clients' rights, as set forth in Section 76525(a), may not be denied or withheld except that those rights listed under Section76525(a)(22) through (26) may be denied for good cause in accordance with the provisions of Section 76527, and only by the professional person in charge of the facility. Denial of these rights shall be documented immediately in the client's record. The documentation shall include:
(f) A copy of the rights listed in Section 76525(a), as written, shall be given to each client at admission and to the client's authorized representative. Signed receipt shall be maintained in the client's record. If the client is unable to read or understand the list of rights, notification shall be made in the record that the client was not given a copy of his or her rights for good cause and that an appropriate effort was made to explain the list of rights.
(h) Each facility receiving Medi-Cal or any other state funds or services shall prominently display in the facility a copy of the provisions of Chapter 7 of Division 45 of the Welfare and Institutions Code and a copy of the facility's procedure for client grievance fair hearing, as required in that Chapter.
Credits
Note: Authority cited: Sections 1275 and 131200, Health and Safety Code. Reference: Section 51, Civil Code; Sections 297 and 297.5, Family Code; Sections 1276, 1320, 1599, 1599.1, 131050, 131051 and 131052, Health and Safety Code; and Sections 4502, 4503, 4504 and 4505, Welfare and Institutions Code.
History
1. New subsection (a)(30) filed 10-21-81; effective thirtieth day thereafter (Register 81, No. 43).
2. Change without regulatory effect amending subsections (a)(1)-(2), adopting subsection (a)(7), renumbering former subsection (a)(7) to subsection (a)(8) and amending subsections (a)(11) and (f) and Note filed 6-23-2011 pursuant to section 100, title 1, California Code of Regulations (Register 2011, No. 25).
3. Change without regulatory effect amending subsection (a)(9) and repealing subsection (i) filed 1-9-2013 pursuant to section 100, title 1, California Code of Regulations (Register 2013, No. 2).
This database is current through 5/17/24 Register 2024, No. 20.
Cal. Admin. Code tit. 22, § 76525, 22 CA ADC § 76525
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