Section 50520 - Notification of Rights(a) State Hospital.(1) Posting of Rights. The rights contained in Section 50510 of this subchapter shall be prominently posted in both English and Spanish, on forms provided by the Department, in each living area serving persons with a developmental disability. The posted form shall contain the name, office location within the hospital, and phone number of the clients' rights advocate. It shall be the responsibility of the chief executive officer to assure compliance with the posting requirements of this section.(2) Personal Notification of Rights. Within twenty-four (24) hours after entry into the hospital as a resident, annually thereafter, and at any other point in time when the client's legal status changes, each person with a developmental disability shall be personally informed and served with a printed copy of all rights in Section 50510 and shall have these rights explained in a language or modality he understands. If the resident cannot be effectively informed of such rights because of his physical or mental condition at the time such notification is otherwise due, a good faith effort having been made to inform him, notation of this fact shall be entered into the resident's treatment record at the hospital, accompanied by a description of the manner in which such notification was attempted, and signed by a third party witnessing the attempt at notification. Additionally, a copy of the rights listing provided the resident shall be signed by the resident, or his authorized representative, and placed in the resident's file at the facility.(3) Written Notice to Representative. A written notice shall be sent to or otherwise served upon the resident's parent, guardian, conservator, or legally authorized personal representative, as applicable (e.g., if a minor, the parent or guardian; if a conservatee, the conservator; if neither, or if the resident expresses a preference for, the person designated by the resident as his personal representative, if any), at any time notification pursuant to subsection (a), (2), above, is made. This notice shall include: a copy of the rights in Section 50510 and information noting the date of the resident's most recent notification of same, as well as the name, address and phone number of the clients' rights advocate of both the hospital and the regional center which was involved in the resident's placement at the hospital, if any.(b) Community Care or Health Facility. (1) Posting. The rights contained in Section 50510(a) and (b) of this subchapter shall be prominently posted in both English and Spanish on forms provided through the regional center by the department, in each community care or health facility serving any person with a developmental disability. The posted form shall contain the name, address and phone number of the clients' rights advocate of the regional center within whose service catchment area the facility is located. It shall be the responsibility of the professional person in charge of the facility to assure compliance with the posting requirement of this subsection.(2) Personal Notification of Rights. Within twenty-four (24) hours of entry into the facility as a resident or program participant, annually thereafter, and at any other point in time that the client's legal status changes, each person with a developmental disability shall be personally informed of the rights in Section 50510(a) and (b) and shall have these rights explained to him in a language or modality he understands. If the person cannot be effectively informed of such rights because of his physical or mental condition at the time such notification is otherwise due, a good faith effort having been made to inform him, notation of this fact shall be entered into the person's treatment record at the facility, accompanied by a description of the manner in which such notification was attempted, signed by a third party who has witnessed the attempt at notification. Additionally, a copy of the rights listing provided the resident shall be signed by the resident, or his authorized representative, and placed in the resident's file at the facility.(3) Written Notice to Representative. A written notice shall be sent to or otherwise served upon the person's parent, guardian, conservator or legally authorized personal representative, as applicable (e.g., if a minor, the parent or guardian; if a conservatee, the conservator; if neither, or if the resident expresses a preference for, the person nominated by the client as his personal representative, if any), at the time notification pursuant to subsection (b), (2), above, is made or attempted. This notice shall include: a copy of the rights in Section 50510(a) and (b) and information noting the date of the person's most recent notification of same, as well as the name, address and phone number of the clients' rights advocate in the regional center in whose service catchment area the facility is located.Cal. Code Regs. Tit. 17, § 50520
Note: Authority cited: Section 11152, Government Code; and Sections 4415, 4416 and 4503, Welfare and Institutions Code. Reference: Sections 4415, 4416, 4648(b) and (c), Welfare and Institutions Code.