California Code of Regulations
Title 9 - Rehabilitative and Developmental Services
Division 1 - Department of Mental Health
Chapter 4.5 - Patients' Rights and Related Procedures for Non-Lanterman-Petris-Short Act Patients in Department of Mental Health Facilities
Article 2 - Non-LPS Patients' Rights
Section 883 - Non-LPS Patients' Rights - Non-Deniable
Universal Citation: 9 CA Code of Regs 883
Current through Register 2024 Notice Reg. No. 52, December 27, 2024
(a) The patient's parent, guardian, or conservator may not waive the rights listed in this Section unless authority to waive these rights is specifically granted by court order.
(b) Non-LPS Patients have the following rights:
(1) A right to privacy, dignity,
respect and humane care.
(2) A
right to receive treatment for a diagnosed mental disorder that is provided in
a method least restrictive of individual liberty and promotes personal
independence.
(3) A right to
medical care and treatment for physical ailments and conditions according to
accepted clinical standards and practices.
(4) A right to refuse psychosurgery,
electroconvulsive therapy, experimental and other hazardous
procedures.
(5) A right to be free
from harm including abuse or neglect, and unnecessary or excessive medication,
restraint, seclusion, or protective or administrative isolation. Medication,
restraint, seclusion, or protective or administrative isolation shall not be
used as punishment, as retaliation for filing complaints, for the convenience
of staff, as a substitute for a treatment program or in quantities that
interfere with the patient's treatment.
(6) A right to confidential case discussions,
consultation, examination, and patient records. Confidential information shall
only be provided to those people providing evaluation and/or treatment or as
authorized by law.
(7) A right to
be informed of the procedures for filing complaints and the process for appeals
when complaints are not resolved to the patient's satisfaction.
(8) A right to access the services of a
Patients' Rights Advocate.
(9) A
right to confidential communications with an attorney, either through
correspondence or through private consultation, during regularly scheduled
visiting days and hours.
(10) A
right to religious freedom and practice, within the context of the environment
of a secure treatment facility.
(11) A right to opportunities for physical
exercise and recreational activities.
1. New section filed 6-4-2003; operative 7-4-2003 (Register 2003, No. 23).
Note: Authority cited: Sections 4005.1 and 4027, Welfare and Institutions Code. Reference: Section 4027, Welfare and Institutions Code.
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