Cal. Code Regs. Tit. 22, § 73523 - Patients' Rights
(a)
Patients have the rights enumerated in this section and the facility shall ensure
that these rights are not violated. The facility shall establish and implement
written policies and procedures which include these rights and shall make a copy of
these policies available to the patient and to any representative of the patient.
The policies shall be accessible to the public upon request. Patients shall have the
right:
(1) To be fully informed, as evidenced by
the patient's written acknowledgment prior to or at the time of admission and during
stay, of these rights and of all rules and regulations governing patient
conduct.
(2) To be fully informed, prior
to or at the time of admission and during stay, of services available in the
facility and of related charges, including any charges for services not covered by
the facilities' basic per diem rate or not covered under Title XVIII or XIX of the
Social Security Act.
(3) To be fully
informed by a physician of his or her total health status and to be afforded the
opportunity to participate on an immediate and ongoing basis in the total plan of
care including the identification of medical, nursing, and psychosocial needs and
the planning of related services .
(4) To
consent to or to refuse any treatment or procedure or participation in experimental
research.
(5) To receive all information
that is material to an individual patient's decision concerning whether to accept or
refuse any proposed treatment or procedure. The disclosure of material information
for administration of psychotherapeutic drugs or physical restraints, or the
prolonged use of a device that may lead to the inability to regain use of a normal
bodily function shall include the disclosure of information listed in Section
73524(c).
(6) To be transferred or discharged only for
medical reasons, or the patient's welfare or that of other patients or for
nonpayment for his or her stay and to be given reasonable advance notice to ensure
orderly transfer or discharge. Such actions shall be documented in the patient's
health record.
(7) To be encouraged and
assisted throughout the period of stay to exercise rights as a patient and as a
citizen, and to this end to voice grievances and recommend changes in policies and
services to facility staff and/or outside representatives of the patient's choice,
free from restraint, interference, coercion, discrimination or reprisal.
(8) To manage personal financial affairs, or to be
given at least a quarterly accounting of financial transactions made on the
patient's behalf should the facility accept his or her written delegation of this
responsibility subject to the provisions of Section
73557.
(9) To be free from mental and physical
abuse.
(10) To be assured confidential
treatment of financial and health records and to approve or refuse their release,
except as authorized by law.
(11) To be
treated with consideration, respect and full recognition of dignity and
individuality, including privacy in treatment and in care for personal
needs.
(12) To be free from
discrimination based on sex, race, color, religion, ancestry, national origin,
sexual orientation, disability, medical condition, marital status, or registered
domestic partner status.
(13) Not to be
required to perform services for the facility that are not included for therapeutic
purposes in the patient's plan of care.
(14) To associate and communicate privately with
persons of the patient's choice, and to send and receive his or her personal mail
unopened.
(15) To meet with and
participate in activities of social, religious and community groups at the patient's
discretion.
(16) To retain and use his
or her personal clothing and possessions as space permits, unless to do so would
infringe upon the health, safety or rights of the patient or other
patients.
(17) If married or registered
as a domestic partner , to be assured privacy for visits by the patient's spouse or
registered domestic partner and if both are patients in the facility, to be
permitted to share a room.
(18) To have
daily visiting hours established.
(19)
To have visits from members of the clergy at the request of the patient or the
patient's representative.
(20) To have
visits from persons of the patient's choosing at any time if the patient is
critically ill, unless medically contraindicated.
(21) To be allowed privacy for visits with family,
friends, clergy, social workers or for professional or business purposes.
(22) To have reasonable access to telephones both
to make and receive confidential calls.
(23) To be free from any requirement to purchase
drugs or rent or purchase medical supplies or equipment from any particular source
in accordance with the provisions of Section
1320 of
the Health and Safety Code.
(24) To be
free from psychotherapeutic and/or physical restraints used for the purpose of
patient discipline or staff convenience and to be free from psychotherapeutic drugs
used as a chemical restraint as defined in Section
73012, except in an emergency which
threatens to bring immediate injury to the patient or others. If a chemical
restraint is administered during an emergency, such medication shall be only that
which is required to treat the emergency condition and shall be provided in ways
that are least restrictive of the personal liberty of the patient and used only for
a specified and limited period of time.
(25) Other rights as specified in Health and
Safety Code Section
1599.1.
(26) Other rights as specified in Welfare and
Institutions Code Sections
5325
and
5325.1
for persons admitted for psychiatric evaluations or treatment.
(27) Other rights as specified in Welfare and
Institutions Code, Sections
4502,
4503
and
4505
for patients who are developmentally disabled as defined in Section
4512
of the Welfare and Institutions Code.
(b) A patient's rights as set forth above may only
be denied or limited if such denial or limitation is otherwise authorized by law.
Reasons for denial or limitation of such rights shall be documented in the patient's
health record.
(c) If a patient lacks
the ability to understand these rights and the nature and consequences of proposed
treatment, the patient's representative shall have the rights specified in this
section to the extent the right may devolve to another, unless the representative's
authority is otherwise limited. The patient's incapacity shall be determined by a
court in accordance with state law or by the patient's licensed healthcare
practitioner acting within the scope of his or her professional licensure unless the
determination of the licensed healthcare practitioner acting within the scope of his
or her professional licensure is disputed by the patient or patient's
representative.
(d) Persons who may act
as the patient's representative include a conservator, as authorized by Parts 3 and
4 of Division 4 of the Probate Code (commencing with Section 1800), a person
designated as attorney in fact in the patient's valid Durable Power of Attorney for
Health Care, patient's next of kin, other appropriate surrogate decisionmaker,
designated consistent with statutory and case law, a person appointed by a court
authorizing treatment pursuant to Part 7 (commencing with Section
3200) of Division
4 of the Probate Code, or, if the patient is a minor, informed consent must be
obtained from a person lawfully authorized to represent the minor.
(e) Patients' rights policies and procedures
established under this section concerning consent, informed consent and refusal of
treatments or procedures shall include, but not be limited to the following:
(1) How the facility will verify that informed
consent was obtained pertaining to the administration of psychotherapeutic drugs or
physical restraints or the prolonged use of a device that may lead to the inability
of the patient to regain the use of a normal bodily function.
(2) How the facility, in consultation with the
patient's licensed healthcare practitioner acting within the scope of his or her
professional licensure, will identify, consistent with current statutory and case
law, who may serve as a patient's representative when an incapacitated patient has
no conservator or attorney in fact under a valid Durable Power of Attorney for
Health Care.
Notes
2. Amendment of subsections (a) and (b), repealer of subsection (c), and new subsections (c), (d), and (e) filed 5-27-92; operative 5-27-92 (Register 92, No. 22).
3. Amendment of subsections (a)(10), (c) and (e)(2) and NOTE filed 3-3-2010; operative 4-2-2010 (Register 2010, No. 10).
4. Change without regulatory effect amending subsection (a)(8), adopting subsection (a)(12), renumbering subsections and amending newly designated subsections (a)(14) and (a)(16)-(17) and subsection (d) and NOTE filed 6-23-2011 pursuant to section 100, title 1, California Code of Regulations (Register 2011, No. 25).
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, 1316.5, 1320, 1599, 1599.1, 131050, 131051 and 131052, Health and Safety Code; and Cobbs v. Grant (1972) 8 Cal.3d 299.
2. Amendment of subsections (a) and (b), repealer of subsection (c), and new subsections (c), (d), and (e) filed 5-27-92; operative 5-27-92 (Register 92, No. 22).
3. Amendment of subsections (a)(10), (c) and (e)(2) and Note filed 3-3-2010; operative 4-2-2010 (Register 2010, No. 10).
4. Change without regulatory effect amending subsection (a)(8), adopting subsection (a)(12), renumbering subsections and amending newly designated subsections (a)(14) and (a)(16)-(17) and subsection (d) and Note filed 6-23-2011 pursuant to section 100, title 1, California Code of Regulations (Register 2011, No. 25).
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