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§ 50532. Documentation of Rights Denials.

17 CA ADC § 50532Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 17. Public Health
Division 2. Health and Welfare Agency--Department of Developmental Services Regulations
Chapter 1. General Provisions (Refs & Annos)
Subchapter 5. Clients' Rights
Article 4. Denial of Rights
17 CCR § 50532
§ 50532. Documentation of Rights Denials.
Currentness
(a) Each denial of a right for good cause, as provided in Section 50530 of this article, shall be noted in the facility's treatment record of the person whose right has been denied. This documentation shall take place immediately upon the denial of any right or, in the event of an emergency, in no case later than twenty-four (24) hours from the time of the denial. If an emergency does not permit immediate documentation, a Special Incident Report shall be submitted to the department setting forth the particulars of such emergency. In state hospitals, this Report shall be submitted through the clients' rights advocate. In any licensed health or community care facility, this Report shall be submitted through the clients' rights advocate for the regional center in whose service catchment area the facility is located.
(b) The treatment record notation shall be on forms provided by the department and shall include:
(1) Date and time the right was denied.
(2) Specific right denied.
(3) Specific good cause rationale of Section 50530(c) which permits denial.
(4) Name(s) of any staff member(s) involved in the denial decision.
(5) Signature of the professional person in charge of the facility, or his designee, authorizing the denial.
(6) A special incident report, to the director of the department in the event of an emergency not permitting documentation immediately upon the denial of any right.
(7) If the person appealed the denial of the right, the date of the request and the outcome, if any, of the appeal.
(c) Each denial notation shall include the dates of the thirty (30) day reviews and documentation of the continuing good cause basis for the denial of right, required by Section 50530 (c).
(d) If the person lawfully entitled to leave the facility at the time of the denial elects to remain in the facility, it shall be recorded in the treatment record that the person was informed of his rights pursuant to Section 50530 (g) and (h). The notation shall be signed by the staff member who informed the person.
(e) The restoration date of any previously denied right shall be entered in the treatment record.

Credits

Note: Authority cited: Section 11152, Government Code; and Section 4504, Welfare and Institutions Code. Reference: Sections 4504 and 6005, Welfare and Institutions Code; Aden v. Younger (1976) 57 C.A. 3d 662, at pps. 681-682.
This database is current through 5/10/24 Register 2024, No. 19.
Cal. Admin. Code tit. 17, § 50532, 17 CA ADC § 50532
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