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. These rights shall
only be denied for good cause in accordance with Subsection (b) of this
Section.
(b) Non-LPS Patients have
the following rights, subject to denial for good cause:
(1) A right to keep and use personal
possessions as space permits, except items and materials that are listed as
contraband by the facility. Each facility shall make a copy of the contraband
listing available on all treatment units and public areas within the facility.
Each patient shall receive a copy of the contraband listing upon
admission.
(2) A right to have
access to individual secured storage space for personal possessions in
accordance with the formal policies and procedures of the facility. Title 19,
Section 314 and Title 22, Sections 71543 and 73507 require hospitals and
licensees to comply with State Fire Marshall regulations.
(3) A right to keep and spend a sum of the
patient's own money via the facility monetary replacement system.
(4) A right to personal visits during
regularly scheduled visiting days and hours. The right to have visits shall not
be denied except as is necessary for reasonable security of the facility and
the safety of persons. The length and frequency of visits and the number of
persons permitted to visit a patient at the same time may be limited consistent
with safety, security, and to ensure that all patients have a fair opportunity
to have visitors.
(5) A right to
access telephones to make and receive confidential telephone calls, or to have
such calls made for them. Telephone hours, frequency and duration of telephone
calls, and method of payment may be limited to ensure access by all
patients.
(6) A right to have
access to letter writing materials and to mail and receive correspondence.
Designated facility employees shall open and inspect all incoming and outgoing
mail addressed to and from patients for contraband. Confidential mail, as
defined in Section
881(c), shall not
be read. Limitations on size, weight and volume of mail shall be specified by
formal facility policy.
(7) A right
to receive packages. Designated facility employees shall open and inspect all
incoming and outgoing packages addressed to and from patients for contraband.
Limitations on the size, weight and volume, and frequency/number of packages
allowed shall be specified by formal facility policy.
(8) A right to have access to legal reference
material. Limitations on the time, duration, frequency, and method of access
shall be specified by formal facility policy to ensure opportunity for access
by all patients.
(9) A right to
participate in appropriate programs of publicly supported education that are
consistent with the patient's treatment plan and with the secure treatment
facility environment.
(10) A right
to social interaction. The formation of supervised patient leisure time
activity groups that promote educational, social, cultural and recreational
interests of participating patients shall be permitted, except for activities
that pose a threat to safety and security.
(c) The rights specified in Subsection (b) of
this Section shall be denied only for good cause. Good cause for denying a
patient the exercise of a right exists when the facility director determines
that:
(1) The exercise of the specific right
would be injurious to the patient; or
(2) There is evidence that the specific
right, if exercised, would seriously infringe on the rights of others;
or
(3) The facility would suffer
serious damage if the specific right is not denied, or;
(4) The exercise of the right would
compromise the safety and security of the facility and/or the safety of others;
and
(5) That there is no less
restrictive way of protecting the interests specified in Subsections (c)(1)
through (4) of this Section.
(d) The reason for denial of a right under
this Section must be related to the specific right denied. A right specified in
this Section shall not be withheld or denied as a punitive measure, nor shall a
right specified in this Section be considered a privilege to be earned. A
denial of a right shall not exceed thirty days without additional staff review.
Treatment plans shall not include denial of any right specified in Subsection
(b) of this Section.
(e) Each
denial of a right specified in this Section shall be noted in the patient's
treatment record. Documentation shall take place immediately whenever a right
is denied. The notation shall include:
(1)
Date and time the right was denied.
(2) Specific right denied.
(3) Good cause for denial of right.
(4) Date of review if denial was extended
beyond 30 days.
(5) The facility
director's signature authorizing the denial.
(f) The patient shall be told of the content
of the notation and the process for restoration at the time of the
denial.
(g) Each denial of a right
specified in this Section shall be documented regardless of the reason for the
denial, or the frequency with which a specific right is denied in a particular
facility, or to a particular patient.
(h) A patient's right under this Section
shall be restored when the good cause for its denial no longer exists. When a
right has been denied, staff shall employ the least restrictive means of
managing the behavior that led to the denial. The date that a specific right is
restored shall be documented in the patient's treatment record.
(i) Information in the patients' treatment
record pertaining to a denial of rights shall be available on request to the
patient, their attorney/conservator/guardian, the Department, or excluding the
patient identity, a member of the State Legislature.
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 Institution
Code.
