N.H. Admin. Code § He-M 309.04

Current through Register No. 50, December 12, 2024

Section He-M 309.04 - Fundamental Rights

(a) Any individual receiving treatment for mental illness shall be entitled to any legal right to which all citizens are entitled regardless of that individual's admission to the mental health services system.

(b) The legal rights protected shall include, at a minimum:

(1) The right to freedom of religious preference and practice, the right to be free from engaging in any religious activity, and the right to receive reasonable assistance in attending places of worship;

(2) The right to register to vote, if eligible, in public elections and to receive assistance in registering to vote and in voting;

(3) The following civil rights, unless a court has determined that an individual is legally incapacitated pursuant to RSA 464-A, and a guardian has been appointed to make certain decisions, or an emergency exists under He-M 305, personal safety emergencies:

a. The right to manage affairs;

b. The right to contract;

c. The right to hold professional, occupational, or motor vehicle driver's licenses;

d. The right to marry or to obtain a divorce;

e. The right to make a will; and

f. The right to exercise any other civil right;

(4) The right to not be discriminated against in any manner because of race, color, sex, religion, national origin, age, marital status, disability, sexual orientation, or degree of disability as provided in state and federal laws, title VII of the civil rights act of 1964, section 504 of the rehabilitation act of 1973, the age discrimination act of 1975, the Americans with Disabilities Act of 1990, and the provisions of certain block grants, including:

a. Access to auxiliary aids needed by persons with disabilities;

b. Services which are accessible to persons of limited English proficiency; and

c. Service locations that are physically accessible; and

(5) The right to legal remedies, including the right to petition for and receive the benefits of a writ of habeas corpus, and to seek any other remedy provided by law.

N.H. Admin. Code § He-M 309.04

#4412, eff 4-27-88; ss by #5093, eff 3-15-91, EXPIRED: 3-15-97

New. #6757, eff 5-27-98; ss by #8639, INTERIM, eff 5-27-06, EXPIRES: 11-23-06; ss by #8757, eff 11-17-06

Amended byVolume XXXIV Number 46, Filed November 13, 2014, Proposed by #10706, Effective 11/15/2014, Expires5/14/2015.

Amended byVolume XXXV Number 18, Filed May 7, 2015 , Proposed by #10819, Effective 4/23/2015, Expires4/23/2025.