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
(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
(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
(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.
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.
have visits from members of the clergy at the request of the patient or the
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
(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
of the Health and Safety Code.
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
(26) Other rights as specified in Welfare and
Institutions Code Sections
for persons admitted for psychiatric evaluations or treatment.
(27) Other rights as specified in Welfare and
Institutions Code, Sections
and 4505 for patients who are developmentally disabled as defined in Section
of the Welfare and Institutions Code.