Cal. Code Regs. Tit. 9, § 865 - Authority for Denial of Rights

(a) (Reserved)

(b) "Professional person in charge of the facility" is defined in Section 822 of this subchapter, Title 9, California Code of Regulations; in community care facilities it is the administrator of the facility. Prior to denying the rights, as listed in Section 5325 of the Welfare and Institutions Code, of a resident for good cause, the administrator of a community care facility shall first obtain concurrence from the resident's physician or social worker that good cause for denial exists.

(c) Notwithstanding the provisions of this article, good cause denial of that right listed under subdivision (f) of Section 5325 shall be in accordance with the provisions set forth in Article 7 (commencing with Section 5325) of Chapter 2 of Part 1 of Division 5 of the Welfare and Institutions Code, as interpreted by court decision.

(d) Any person who has the lawful right on his or her own choice to discharge from a facility shall be informed of said right at the time of admission to the facility. If the person elects to discharge from the facility rather than voluntarily accepting any denial of his or her rights, such election shall be documented in his or her treatment record, and the person shall be permitted to leave the facility.

Notes

Cal. Code Regs. Tit. 9, § 865

1. Order of Repeal of subsection (a) filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
2. Change without regulatory effect amending subsections (b) and (d) and adding NOTE filed 6-6-2016 pursuant to section 100, title 1, California Code of Regulations (Register 2016, No. 24).

Note: Authority cited: Sections 5326, 5400 and 14700, Welfare and Institutions Code. Reference: Section 5326, Welfare and Institutions Code.

1. Order of Repeal of subsection (a) filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
2. Change without regulatory effect amending subsections (b) and (d) and adding Note filed 6/6/2016 pursuant to section 100, title 1, California Code of Regulations (Register 2016, No. 24).