AB 462

This bill establishes a right for certain patients in an intensive treatment

program at one of the centers for the developmentally disabled operated by the

Department of Health Services to have, upon request, staff of a requested sex present

for certain interactions. Specifically, under the bill, a patient in an intensive

treatment program has, if the patient or the patient's parent or guardian requests,

a right to a staffing arrangement under which at least one person of the sex requested

by the patient or the patient's parent or guardian be present for certain interactions,

including 1) assistance with bathing, toileting, or any activity that requires removal

of clothing other than outerwear, footwear, or accessories; 2) movement within the

center or other transfer that involves transport through an isolated area such as a

stairwell or elevator or in a vehicle; or 3) any interaction in a private room, bathroom,

changing room, exam room, or any other isolated area.

Under the bill, this right, like certain other existing statutory patient rights,

may be denied for cause after review by the director of the facility, and may be denied

when medically or therapeutically contraindicated as documented by the patient's

physician, licensed psychologist, or licensed mental health professional in the

patient's treatment record. The individual must be informed in writing of the

grounds for withdrawal of the right, and there must be documentation of the grounds

in the patient's treatment record. The decision is subject to a review and grievance

process established by DHS for patient rights issues. The bill also limits the amount

DHS may expend in accommodating these staffing arrangement requests to no more

than $3,000,000 per fiscal year.