§ 40.1-26-3 Participants' rights. –In addition to any other rights provided by state or federal laws, aparticipant as defined in this chapter shall be entitled to the followingrights:
(1) To be treated with dignity, respect for privacy and havethe right to a safe and supportive environment;
(2) To be free from verbal and physical abuse;
(3) To engage in any activity including employment,appropriate to his or her age, and interests in the most integrated communitysetting;
(ii) No participant shall be required to perform labor, whichinvolves the essential operation and maintenance of the agency or the regularsupervision or care of other participants. Participants may however, berequested to perform labor involving normal housekeeping and home maintenancefunctions if such responsibilities are documented in the participant'sindividualized plan;
(4) To participate in the development of his or herindividualized plan and to provide informed consent to its implementation or tohave an advocate provide informed consent if the participant is not competentto do so;
(5) To have access to his or her individualized plan andother medical, social, financial, vocational, psychiatric, or other informationincluded in the file maintained by the agency;
(6) To give written informed consent prior to the impositionof any plan designed to modify behavior, including those which utilizesaversive techniques or impairs the participant's liberty or to have an advocateprovide written informed consent if the participant is not competent to do so.Provided, however, that if the participant is competent to provide consent butcannot provide written consent, the agency shall accept an alternate form ofconsent and document in the participant's record how such consent was obtained;
(7) To register a complaint regarding an alleged violation ofrights through the grievance procedure delineated in § 40.1-26-5;
(8) To be free from unnecessary restraint. Restraints shallnot be employed as punishment, for the convenience of the staff, or as asubstitute for an individualized plan. Restraints shall impose the leastpossible restrictions consistent with their purpose and shall be removed whenthe emergency ends. Restraints shall not cause physical injury to theparticipant and shall be designed to allow the greatest possible comfort.Restraints shall be subject to the following conditions:
(i) Physical restraint shall be employed only in emergenciesto protect the participant or others from imminent injury or when prescribed bya physician, when necessary, during the conduct of a specific medical orsurgical procedure or if necessary for participant protection during the timethat a medical condition exists;
(ii) Chemical restraint shall only be used when prescribed bya physician in extreme emergencies in which physical restraint is not possibleand the harmful effects of the emergency clearly outweigh the potential harmfuleffects of the chemical restraints;
(iii) No participant shall be placed in seclusion;
(iv) The agency shall have a written policy that defines theuse of restraints, the staff members who may authorize their use, and amechanism for monitoring and controlling their use;
(v) All orders for restraint as well as the requiredfrequency of staff observation of the participant shall be written;
(9) To have reasonable access to telephone communication;
(10) To receive visitors of a participant's choosing at allreasonable hours;
(11) To keep and be allowed to spend a reasonable amount ofone's own money;
(12) To be provided advance written notice explaining thereason(s) why the participant is no longer eligible for service from the agency;
(13) To religious freedom and practice;
(14) To communicate by sealed mail or otherwise with personsof one's choosing;
(15) To select and wear one's own clothing and to keep anduse one's own personal possessions;
(16) To have reasonable, prompt access to current newspapers,magazines and radio and television programming;
(17) To have opportunities for physical exercise and outdoorrecreation;
(18) To provide informed consent prior to the imposition ofany invasive medical treatment including any surgical procedure or to have alegal guardian, or in the absence of a legal guardian, a relative as defined inthis chapter, provide informed consent if the participant is not competent todo so. Information upon which a participant shall make necessary treatmentand/or surgery decisions shall be presented to the participant in a mannerconsistent with his or her learning style and shall include, but not be limitedto:
(A) The nature and consequences of the procedure(s);
(B) The risks, benefits and purpose of the procedure(s); and
(C) Alternate procedures available;
(ii) The informed consent of a participant or his or herlegal guardian or, in the absence of a legal guardian, a relative as defined inthis chapter, may be withdrawn at any time, with or without cause, prior totreatment. The absence of informed consent notwithstanding, a licensed andqualified physician may render emergency medical care or treatment to anyparticipant who has been injured or who is suffering from an acute illness,disease, or condition if, within a reasonable degree of medical certainty,delay in initiation of emergency medical care or treatment would endanger thehealth of the participant;
(19) Each participant shall have a central record. The recordshall include data pertaining to admissions and such other information as maybe required under regulations by the department;
(20) Admissions – As part of the procedure for theadmission of a participant to an agency, each participant or applicant, oradvocate if the participant or applicant is not competent, shall be fullyinformed, orally and in writing, of all rules, regulations, and policiesgoverning participant conduct and responsibilities, including grounds fordismissal, procedures for discharge, and all anticipated financial charges,including all costs not covered under federal and/or state programs, by otherthird party payors or by the agency's basic per diem rate. The written noticeshall include information regarding the participant's or applicant's right toappeal the admission or dismissal decisions of the agency;
(21) Upon termination of services to or death of aparticipant, a final accounting shall be made of all personal effects and/ormoney belonging to the participant held by the agency. All personal effectsand/or money including interest shall be promptly released to the participantor his or her heirs;
(22) Nothing in this chapter shall preclude intervention inthe form of appropriate and reasonable restraint should it be necessary toprotect individuals from physical injury to themselves or others.
§ 40.1-26-3 Participants' rights. –In addition to any other rights provided by state or federal laws, aparticipant as defined in this chapter shall be entitled to the followingrights:
(1) To be treated with dignity, respect for privacy and havethe right to a safe and supportive environment;
(2) To be free from verbal and physical abuse;
(3) To engage in any activity including employment,appropriate to his or her age, and interests in the most integrated communitysetting;
(ii) No participant shall be required to perform labor, whichinvolves the essential operation and maintenance of the agency or the regularsupervision or care of other participants. Participants may however, berequested to perform labor involving normal housekeeping and home maintenancefunctions if such responsibilities are documented in the participant'sindividualized plan;
(4) To participate in the development of his or herindividualized plan and to provide informed consent to its implementation or tohave an advocate provide informed consent if the participant is not competentto do so;
(5) To have access to his or her individualized plan andother medical, social, financial, vocational, psychiatric, or other informationincluded in the file maintained by the agency;
(6) To give written informed consent prior to the impositionof any plan designed to modify behavior, including those which utilizesaversive techniques or impairs the participant's liberty or to have an advocateprovide written informed consent if the participant is not competent to do so.Provided, however, that if the participant is competent to provide consent butcannot provide written consent, the agency shall accept an alternate form ofconsent and document in the participant's record how such consent was obtained;
(7) To register a complaint regarding an alleged violation ofrights through the grievance procedure delineated in § 40.1-26-5;
(8) To be free from unnecessary restraint. Restraints shallnot be employed as punishment, for the convenience of the staff, or as asubstitute for an individualized plan. Restraints shall impose the leastpossible restrictions consistent with their purpose and shall be removed whenthe emergency ends. Restraints shall not cause physical injury to theparticipant and shall be designed to allow the greatest possible comfort.Restraints shall be subject to the following conditions:
(i) Physical restraint shall be employed only in emergenciesto protect the participant or others from imminent injury or when prescribed bya physician, when necessary, during the conduct of a specific medical orsurgical procedure or if necessary for participant protection during the timethat a medical condition exists;
(ii) Chemical restraint shall only be used when prescribed bya physician in extreme emergencies in which physical restraint is not possibleand the harmful effects of the emergency clearly outweigh the potential harmfuleffects of the chemical restraints;
(iii) No participant shall be placed in seclusion;
(iv) The agency shall have a written policy that defines theuse of restraints, the staff members who may authorize their use, and amechanism for monitoring and controlling their use;
(v) All orders for restraint as well as the requiredfrequency of staff observation of the participant shall be written;
(9) To have reasonable access to telephone communication;
(10) To receive visitors of a participant's choosing at allreasonable hours;
(11) To keep and be allowed to spend a reasonable amount ofone's own money;
(12) To be provided advance written notice explaining thereason(s) why the participant is no longer eligible for service from the agency;
(13) To religious freedom and practice;
(14) To communicate by sealed mail or otherwise with personsof one's choosing;
(15) To select and wear one's own clothing and to keep anduse one's own personal possessions;
(16) To have reasonable, prompt access to current newspapers,magazines and radio and television programming;
(17) To have opportunities for physical exercise and outdoorrecreation;
(18) To provide informed consent prior to the imposition ofany invasive medical treatment including any surgical procedure or to have alegal guardian, or in the absence of a legal guardian, a relative as defined inthis chapter, provide informed consent if the participant is not competent todo so. Information upon which a participant shall make necessary treatmentand/or surgery decisions shall be presented to the participant in a mannerconsistent with his or her learning style and shall include, but not be limitedto:
(A) The nature and consequences of the procedure(s);
(B) The risks, benefits and purpose of the procedure(s); and
(C) Alternate procedures available;
(ii) The informed consent of a participant or his or herlegal guardian or, in the absence of a legal guardian, a relative as defined inthis chapter, may be withdrawn at any time, with or without cause, prior totreatment. The absence of informed consent notwithstanding, a licensed andqualified physician may render emergency medical care or treatment to anyparticipant who has been injured or who is suffering from an acute illness,disease, or condition if, within a reasonable degree of medical certainty,delay in initiation of emergency medical care or treatment would endanger thehealth of the participant;
(19) Each participant shall have a central record. The recordshall include data pertaining to admissions and such other information as maybe required under regulations by the department;
(20) Admissions – As part of the procedure for theadmission of a participant to an agency, each participant or applicant, oradvocate if the participant or applicant is not competent, shall be fullyinformed, orally and in writing, of all rules, regulations, and policiesgoverning participant conduct and responsibilities, including grounds fordismissal, procedures for discharge, and all anticipated financial charges,including all costs not covered under federal and/or state programs, by otherthird party payors or by the agency's basic per diem rate. The written noticeshall include information regarding the participant's or applicant's right toappeal the admission or dismissal decisions of the agency;
(21) Upon termination of services to or death of aparticipant, a final accounting shall be made of all personal effects and/ormoney belonging to the participant held by the agency. All personal effectsand/or money including interest shall be promptly released to the participantor his or her heirs;
(22) Nothing in this chapter shall preclude intervention inthe form of appropriate and reasonable restraint should it be necessary toprotect individuals from physical injury to themselves or others.
§ 40.1-26-3 Participants' rights. –In addition to any other rights provided by state or federal laws, aparticipant as defined in this chapter shall be entitled to the followingrights:
(1) To be treated with dignity, respect for privacy and havethe right to a safe and supportive environment;
(2) To be free from verbal and physical abuse;
(3) To engage in any activity including employment,appropriate to his or her age, and interests in the most integrated communitysetting;
(ii) No participant shall be required to perform labor, whichinvolves the essential operation and maintenance of the agency or the regularsupervision or care of other participants. Participants may however, berequested to perform labor involving normal housekeeping and home maintenancefunctions if such responsibilities are documented in the participant'sindividualized plan;
(4) To participate in the development of his or herindividualized plan and to provide informed consent to its implementation or tohave an advocate provide informed consent if the participant is not competentto do so;
(5) To have access to his or her individualized plan andother medical, social, financial, vocational, psychiatric, or other informationincluded in the file maintained by the agency;
(6) To give written informed consent prior to the impositionof any plan designed to modify behavior, including those which utilizesaversive techniques or impairs the participant's liberty or to have an advocateprovide written informed consent if the participant is not competent to do so.Provided, however, that if the participant is competent to provide consent butcannot provide written consent, the agency shall accept an alternate form ofconsent and document in the participant's record how such consent was obtained;
(7) To register a complaint regarding an alleged violation ofrights through the grievance procedure delineated in § 40.1-26-5;
(8) To be free from unnecessary restraint. Restraints shallnot be employed as punishment, for the convenience of the staff, or as asubstitute for an individualized plan. Restraints shall impose the leastpossible restrictions consistent with their purpose and shall be removed whenthe emergency ends. Restraints shall not cause physical injury to theparticipant and shall be designed to allow the greatest possible comfort.Restraints shall be subject to the following conditions:
(i) Physical restraint shall be employed only in emergenciesto protect the participant or others from imminent injury or when prescribed bya physician, when necessary, during the conduct of a specific medical orsurgical procedure or if necessary for participant protection during the timethat a medical condition exists;
(ii) Chemical restraint shall only be used when prescribed bya physician in extreme emergencies in which physical restraint is not possibleand the harmful effects of the emergency clearly outweigh the potential harmfuleffects of the chemical restraints;
(iii) No participant shall be placed in seclusion;
(iv) The agency shall have a written policy that defines theuse of restraints, the staff members who may authorize their use, and amechanism for monitoring and controlling their use;
(v) All orders for restraint as well as the requiredfrequency of staff observation of the participant shall be written;
(9) To have reasonable access to telephone communication;
(10) To receive visitors of a participant's choosing at allreasonable hours;
(11) To keep and be allowed to spend a reasonable amount ofone's own money;
(12) To be provided advance written notice explaining thereason(s) why the participant is no longer eligible for service from the agency;
(13) To religious freedom and practice;
(14) To communicate by sealed mail or otherwise with personsof one's choosing;
(15) To select and wear one's own clothing and to keep anduse one's own personal possessions;
(16) To have reasonable, prompt access to current newspapers,magazines and radio and television programming;
(17) To have opportunities for physical exercise and outdoorrecreation;
(18) To provide informed consent prior to the imposition ofany invasive medical treatment including any surgical procedure or to have alegal guardian, or in the absence of a legal guardian, a relative as defined inthis chapter, provide informed consent if the participant is not competent todo so. Information upon which a participant shall make necessary treatmentand/or surgery decisions shall be presented to the participant in a mannerconsistent with his or her learning style and shall include, but not be limitedto:
(A) The nature and consequences of the procedure(s);
(B) The risks, benefits and purpose of the procedure(s); and
(C) Alternate procedures available;
(ii) The informed consent of a participant or his or herlegal guardian or, in the absence of a legal guardian, a relative as defined inthis chapter, may be withdrawn at any time, with or without cause, prior totreatment. The absence of informed consent notwithstanding, a licensed andqualified physician may render emergency medical care or treatment to anyparticipant who has been injured or who is suffering from an acute illness,disease, or condition if, within a reasonable degree of medical certainty,delay in initiation of emergency medical care or treatment would endanger thehealth of the participant;
(19) Each participant shall have a central record. The recordshall include data pertaining to admissions and such other information as maybe required under regulations by the department;
(20) Admissions – As part of the procedure for theadmission of a participant to an agency, each participant or applicant, oradvocate if the participant or applicant is not competent, shall be fullyinformed, orally and in writing, of all rules, regulations, and policiesgoverning participant conduct and responsibilities, including grounds fordismissal, procedures for discharge, and all anticipated financial charges,including all costs not covered under federal and/or state programs, by otherthird party payors or by the agency's basic per diem rate. The written noticeshall include information regarding the participant's or applicant's right toappeal the admission or dismissal decisions of the agency;
(21) Upon termination of services to or death of aparticipant, a final accounting shall be made of all personal effects and/ormoney belonging to the participant held by the agency. All personal effectsand/or money including interest shall be promptly released to the participantor his or her heirs;
(22) Nothing in this chapter shall preclude intervention inthe form of appropriate and reasonable restraint should it be necessary toprotect individuals from physical injury to themselves or others.
