105 CMR, § 164.079

Current through Register 1536, December 6, 2024

Section 164.079 - Patients' and Residents' Rights

(A) The Licensed or Approved Provider shall safeguard the legal and civil rights of each patient and resident at all times during treatment and throughout the discharge process. Each Licensed or Approved Provider shall adopt and maintain an updated set of rules, which set forth the responsibilities and the rights of patients and residents regarding treatment and discharge.

(B) The Licensed or Approved Provider shall guarantee the patient or resident, at a minimum, the following rights:

(1) freedom from physical and psychological abuse;

(2) freedom from strip searches and body cavity searches;

(3) control over his or her bodily appearance; provided, however, on program premises, the Licensed or Approved Provider may prohibit attire and personal decoration which interfere with treatment;

(4) access to his or her patient or resident record in the presence of the administrator or designee, unless there is a determination that access to parts of the record could cause harm to the patient or resident;

(5) the right to challenge information in his or her patient or resident record by inserting a statement of clarification or letter of correction signed by both the clinician and the patient or resident;

(6) the right to obtain a copy of the patient's or resident's records as specified in 105 CMR 164.083;

(7) the right to have the confidentiality of his or her records secured as required by 105 CMR 164.084;

(8) the right to terminate treatment at any time, except in the case of an individual committed to treatment under M.G.L. c. 123, § 35;

(9) freedom from coercion;

(10) treatment provided on a nondiscriminatory basis;

(11) treatment in a manner sensitive to individual needs and which promotes dignity and self-respect;

(12) full disclosure regarding fee charged and, in residential rehabilitation programs, any patient or resident benefits to be contributed;

(13) the right to grieve actions or decisions of the Licensed or Approved Provider regarding the patient's or resident's treatment;

(14) freedom to practice his or her religious faith;

(15) the right to request referral to a facility which provides treatment in a manner to which the patient or resident has no religious objection;

(16) drug screens conducted in a manner which preserves the patient's or resident's dignity and, when the drug screen is by urine sample, accommodates any medically confirmed inability to give urine by providing for an alternate effective means of screening such as oral swab; and

(17) the right to contact the Department.

(C) The Licensed or Approved Provider shall provide for translations of rights, rules and manuals for patients and residents who do not read English.