§ 80072. Personal Rights.
22 CA ADC § 80072Barclays Official California Code of Regulations
22 CCR § 80072
§ 80072. Personal Rights.
(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.
(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 bet, a chair, etc.
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 rails.
(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.
(c) In the event the a licensee of a Group Home or Adult Residential Facility is using secured perimeters and a written consent has been obtained for a client agreeing to the placement in the facility using secured perimeters, the client or, as appropriate, the consumer's conservator or other person with legal authority, shall have the right to withdraw the written consent at any time.
Credits
Note: Authority cited: Sections 1530 and 1531.15, Health and Safety Code. Reference: Sections 1501, 1531 and 1531.15, Health and Safety Code.
History
1. Amendment filed 12-30-87; operative 1-29-88 (Register 88, No. 2).
2. Amendment of subsection (a)(8) filed 5-3-90; operative 6-2-90 (Register 90, No. 26).
3. Editorial correction restoring inadvertently omitted section (Register 98, No. 41).
4. Amendment of subsection (b) and Note filed 11-12-98; operative 12-12-98 (Register 98, No. 46).
5. Amendment of subsection (a) filed 8-16-2004; operative 9-15-2004 (Register 2004, No. 34).
6. Amendment of subsections (a)(8) and (a)(8)(B)-(D), repealer of subsection (a)(8)(E), subsection relettering, amendment of newly designated subsections (a)(8)(E)-(A)(8)(E)1. and amendment of Note filed 10-4-2005; operative 11-3-2005 (Register 2005, No. 40).
7. New subsections (b)-(c)(1), subsection relettering and amendment of Note filed 2-9-2017 as an emergency; operative 2-9-2017 (Register 2017, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-8-2017 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 2-9-2017 order transmitted to OAL 8-3-2017 and filed 9-15-2017 (Register 2017, No. 37).
This database is current through 5/10/24 Register 2024, No. 19.
Cal. Admin. Code tit. 22, § 80072, 22 CA ADC § 80072
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