14- 472 C.M.R. ch. 1, § B-II

Current through 2024-51, December 18, 2024

Section 472-1-B-II - PRIVACY AND HUMANE TREATMENT ENVIRONMENT

A. Recipients have the right to a humane psychological and physical environment within the facility.

B. The facility shall be designed to afford recipients comfort and safety, shall promote dignity and independence and shall be designed to make a positive contribution to the efficient attainment of treatment goals.

C. Each recipient has the right to be treated with courtesy and with full respect for his or her individuality and dignity, and to recognition that his or her personality, needs and aspirations are not determinable on the basis of a psychiatric label.

D. Recipients have the right to have their privacy assured and protected and to preserve the basic rhythm of their lives to the greatest extent possible in light of their treatment needs.

E. Each inpatient or residential facility shall provide at least:

(1) nutritious food in adequate quantities;

(2) access to or provision of adequate professional medical care;

(3) a level of sanitation, ventilation and light which meets health standards;

(4) a reasonable amount of space per person in sleeping areas;

(5) a reasonable opportunity for physical exercise and recreation, including access to outdoor activities subject to the requirements of Section 111, I ndividualized Treatment and Discharge Plan or ISP;

(6) an area for private conversation with other recipients and family and friends if all designated areas are in use staff shall make other reasonable arrangements to assure the recipient's and visitor's comfort and privacy;

(7) an area for private telephone conversations;

(8) areas which assure privacy for personal hygiene, counseling, physical examinations;

(9) a secure and accessible storage area of adequate size to accommodate the recipient's personal belongings; and,

(10) opportunities for appropriate involvement in community activities, subject to the requirements of Section III, I ndividualized Treatment and Discharge Plan; and

(11) common areas with space and equipment sufficient to permit recipients to comfortably socialize, relax, or engage in leisure time activities. To reduce the chance that recipients engaged in activity may intrude upon others not similarly engaged, such areas shall be equipped so that intrinsically incompatible activities are not performed in the same areas.

(12) A schedule of available therapeutic, rehabilitative and recreational activities to each recipient. The schedule shall be updated monthly or more frequently as necessary.

F. Recipients have the right to be free from abuse, exploitation, or neglect

(1) Recipients shall not be subjected to humiliation or verbal abuse.

(2) Recipients shall not be subjected to physical abuse and corporal punishment is expressly prohibited.

(3) Recipients shall not be subjected to exploitation or neglect.

(4) Any allegation of abuse, exploitation or neglect shall be immediately reported to the following: (1) Chief Administrator of the facility or agency and to the Office of Advocacy, pursuant to Section VI(1), PART A, Grievances; and (2) the Department of Human Services pursuant to the Child and Family Services and Child Protection Act (22 MRSA, Chapter 1071).

G. Simple, understandable written rules setting the limits of recipient's behavior required for the protection of the group and individuals shall be established and made known to the recipient and to his or her legally responsible parents, guardians or custodians.

H. Personal Property

(1) Except as provided below, recipients have the right to retain and use personal property.

(2) The use of personal property may be limited or items held in safekeeping only when the number or use of such items infringes upon the rights of other recipients, or poses a safety risk.

(3) Each recipient shall have the right to manage his or her own personal financial affairs and funds unless:

a. such restrictions are a part of a plan of treatment pursuant to informed consent to treatment; or,

b. a determination is made of the clinical or developmental incapacity of the recipient which, in all cases, shall be documented in the clinical record; or,

c. a conservator, guardian, custodian, legally responsible parent or representative payee has imposed the limitation; or,

d. court ordered restrictions exist; or,

e. restriction may be made to safeguard a recipient's assets during the initiation and pendency of any protective proceedings.

(4) Any limitations on personal property or financial affairs shall be documented and receipts for all money or material held in safekeeping shall be given to the recipient or his or her guardians, custodians or legally responsible parents.

(5) The facility or agency shall bear responsibility for any money or material held in safekeeping.

L. Searches. Every recipient has the right to be bee from unnecessary searches of the person, of personal space or of common areas. A search shall only be conducted when staff have a reasonable belief that misappropriated articles are present or that certain items that would endanger the health or safety of a particular recipient or other recipients are present. Every search and the reasons therefor shall be documented.

14- 472 C.M.R. ch. 1, § B-II