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GENERAL PROGRAM STANDARDS

R03-601 Client Rights

 

A. A licensee shall ensure at the time of admission or first appointment, the client and, if applicable, the client's parent, guardian, or designated representative receives a written copy of the client’s rights to include the following rights:

1. To be treated with dignity and respect,

2. To be free from:

a. Abuse,

b. Neglect,

c. Exploitation,

d. Restraint or seclusion, of any form, used as a means of coercion, discipline, convenience, or retaliation,

3. To a safe, sanitary, and humane living environment that: a. Provides privacy, and b. Promotes dignity,

4. To receive treatment services free of discrimination based on the client’s race, religion, ethnic origin, age, disabling or a medical condition, and ability to pay for the services,

5. To privacy in treatment, including the right not to be fingerprinted, photographed, or recorded without consent, except for:

a. Photographing for identification and administrative purposes, as provided by R03-602, or

b. Video recordings used for security purposes that are maintained only on a temporary basis,

6. To receive assistance from a family member, designated representative, or other individual in understanding, protecting, or exercising the client's rights,

7. To confidential, uncensored, private communication that includes letters, telephone calls, and personal visits with:

a. An attorney,

b. Personal physician,

c. Clergy,

d. Department of Social and Rehabilitation Services Staff, or

e. Other individuals unless restriction of such communication is clinically indicated and is documented in the client record,

8. To practice individual religious beliefs including the opportunity for religious worship and fellowship as outlined in program policy,

9. To be free from coercion in engaging in or refraining from individual religious or spiritual activity, practice, or belief,

10. To receive an individualized treatment plan that includes the following:

a. Client participation in the development of the plan,

b. Periodic review and revision of the client’s written treatment plan,

11. To refuse treatment or withdraw consent to treatment unless such treatment is ordered by a court or is necessary to save the client’s life or physical health,

12. To receive a referral to another program if the licensee is unable to provide a treatment service that the client requests or that is indicated in the client’s assessment or treatment plan,

13. To have the client’s information and records kept confidential and released according to R03-602,

14. To be treated in the least restrictive environment consistent with the client’s clinical condition and legal status,

15. To consent in writing, refuse to consent, or withdraw written consent to participate in research, experimentation, or a clinical trial that is not a professionally recognized treatment without affecting the services available to the client,

16. To exercise the licensee’s grievance procedures,

17. To receive a response to a grievance in a timely and impartial manner,

18. To be free from retaliation for submitting a grievance to a licensee, the Department of Social and Rehabilitation Services, or another entity,

19. To receive one’s own information regarding:

a. Medical and psychiatric conditions,

b. Prescribed medications including the risks, benefits, and side effects,

c. Whether medication compliance is a condition of treatment, and

d. Discharge plans for medications,

20. To obtain a copy of the client’s clinical record at the client’s own expense,

21. To be informed at the time of admission and before receiving treatment services, except for a treatment service provided to a client experiencing a crisis situation, of the:

a. Fees the client is required to pay, and

b. Refund policies and procedures, and

22. To receive treatment recommendations and referrals, if applicable, when the client is to be discharged or transferred.

Interpretive Guidelines
Review policy and procedure manual. Verify signed form or statement of client rights in client records.

 

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B. A licensee shall ensure that a client receiving treatment in a residential program, in addition to the rights listed in subsection (A), has the following rights:

1. To receive visitors, and make telephone calls as established by program policy and posted conspicuously in the facility, unless:

a. The program director or designee determines and documents in the client record, a specific treatment purpose that justifies waiving this right, and

b. The client is informed of the reason the right is to be waived and the client’s right to submit a grievance regarding this treatment decision,

2. To privacy in correspondence, communication, visitation, financial affairs, and personal hygiene, unless:

a. The program director or designee determines and documents in the client record, a specific treatment purpose that justifies waiving this right, and

b. The client is informed of the reason the right is to be waived and the client’s right to submit a grievance regarding this treatment decision,

3. To maintain, display, and use personal belongings, including clothing according to program policy,

4. To be provided with:

a. Meals that meet the client’s nutritional needs,

b. A referral to medical services to maintain the client’s health, safety, or welfare, if indicated, and

c. Opportunities for social contact and daily social, recreational, or rehabilitative activities.

Interpretive Guidelines

Review policy and procedure manual. Verify a signed form or statement is in the client’s records.

1. Verify policy for visitors and telephone calls is posted conspicuously in the facility.

 

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C. A licensee shall ensure that:

1. At the time of admission, the client and, if applicable, the client’s parent, guardian or designated representative receives a written list and a verbal explanation of:

a. Client rights,

b. Grievance policy and procedure,

c. Confidentiality policy, and

d. Treatment service fees,

2. The client and, if applicable, the client’s parent, guardian, or designated representative signs and dates a document indicating the receipt of the written list and the verbal explanation required in subsection (C)(1) or documentation of a refusal to sign, and

3. Staff provides a verbal or other appropriate explanation that may be required to assist the client in understanding the client rights.

Interpretive Guidelines
2. Review policy and procedure manual and verify a signed verification form or statement is retained in client files.

 

 

 
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