Section He-M 309.06 - Treatment Rights(a) Individuals shall have the right to adequate and humane treatment, including: (1) The right of access to treatment including: a. For those individuals applying for services the right to evaluation to determine the individual's need for services and to determine which programs are most suited to provide the services needed;b. The right to receive necessary services when those services are available, subject to the admission and eligibility policies and standards of each program; andc. The right to receive services without regard to race, color, age, religion, sex, marital status, national origin, severity of disability, sexual orientation or inability to pay except in accordance with He-M 401.14;(2) The right to quality treatment including: a. Treatment and services provided in accordance with licensing requirements and applicable rules adopted by the department in He-M 200-1300 and applicable rules of other state agencies; andb. Services provided in keeping with generally accepted clinical and professional standards applicable to the persons and programs providing the treatment and to the conditions for which the individual is being treated;(3) The right to receive services in such a manner as to promote the individual's full participation in his or her community;(4) The right to receive all services or treatment in accordance with the time frame set forth in the individual service plan;(5) The right to an individual service plan developed, reviewed, and revised in accordance with He-M 401 which addresses the individual's own goals;(6) The right to receive treatment and services contained in individual service plans designed to provide opportunities for the individual to participate in meaningful activities in the communities in which they live and work;(7) The right to service and treatment in the least restrictive alternative or environment necessary to achieve the intended purposes of treatment including programs which least restrict freedom of movement, informed decision-making, and participation in the community while providing the level of security and support needed by the individual;(8) The right to be served, whenever possible, in generic, integrated settings rather than specialized programs for persons with mental illness, except that programs may restrict access by individuals to various areas to: a. Ensure the privacy or safety of the individuals;b. Achieve other necessary objectives contained in the individual service plan; orc. Comply with provisions of law or orders of court;(9) The right for the individual or his or her guardian to be informed of all significant risks, benefits, side effects and alternative treatment and services and to give consent to any treatment, placement, or referral following an informed decision except actions taken under He-M 305 or where otherwise provided by law, such that: a. Whenever possible, the consent shall be given in writing; andb. In all other cases, evidence of consent shall be documented by the program and be witnessed by at least one person;(10) The right to refuse to participate in any form of experimental treatment or research;(11) The right to be fully informed of one's own diagnosis and prognosis;(12) The right to voluntary placement unless RSA 135-C:27-33, 135-C:34-48, or 135-C:51 apply, including the right to: a. Seek changes in placement, services, or treatment at any time; andb. Withdraw from any form of voluntary treatment or from the service delivery system;(13) The right to services which promote independence including services which shall be directed toward: a. Eliminating, or reducing as much as possible, the individual's needs for continued services and treatment; andb. Promoting the ability of the individuals to function at their highest capacity and as independently as possible;(14) The right to refuse medication and treatment except emergency treatment provided under the terms and conditions of RSA 135:21-b;(15) The right to referral for medical care and treatment including: a. Assistance in finding such care and treatment in a prompt and timely manner; andb. Access to such medical services as is required in accordance with He-M 401;(16) The right to consultation and second opinion including: a. At the individual's own expense, the consultative services of: 1.Private physicians;
2.Psychologists;
3.Dentists; and
4.Other health practitioners;
b. Granting to such health practitioners reasonable access to the individual in programs; andc. Allowing such health practitioners to make recommendations to programs regarding the services and treatment provided by the programs; (17) The right, upon request, to have one or more of the following present at any treatment meeting requiring the individual's participation and informed decision-making: (18) The right to freedom from restraint including the right to be free from seclusion and physical, mechanical or pharmacological restraint; and(19) If the individual meets the definition of a "child" in RSA 126-U:1, the right to freedom from restraint and seclusion, as defined in RSA 126-U:1, IV and V-a, respectively, except as allowed by RSA 126-U. (b) These rules shall not require any behavioral health care professional to administer treatment contrary to such professional's clinical judgment.(c) Programs shall, whenever possible, maximize the decision-making authority of the individual.(d) For individuals who have a guardian, the following provisions shall apply: (1) The program shall ensure that, the guardian and all persons involved in the provision of service are made aware of the individual's needs, views, preferences and aspirations;(2) The program shall comply with the decisions made by the guardian within the legitimate scope of his or her authority;(3) A guardian is only allowed to make decisions that are within the scope of his or her powers pursuant to RSA 464-A:25, RSA 463 and as modified by the court, or as otherwise allowed by law;(4) The program shall request a copy of the guardianship order from the guardian and keep the order in the individual's record at the program;(5) If any issues arise relative to the provision of services and supports which are outside the scope of the guardian's decision-making authority as set forth in the guardianship order, the individual's choice and preference relative to those issues shall prevail unless the guardian's authority is expanded by the court to include those issues;(6) A program shall take such steps as are necessary to prevent a guardian from exceeding the decision-making authority granted by the court or acting in a manner that does not further the best interests of the individual, including: a. Reviewing with the guardian the limits on his or her decision-making authority; andb. If necessary, bringing the matter to the attention of the court that appointed the guardian; and(7) In the event that there is a dispute between the program and the guardian, the program shall inform the guardian of his or her right to take either or both of the following actions: a. Appeal the matter pursuant to He-M 204 and He-C 200; orb. Bring the dispute to the attention of the probate court that appointed the guardian.N.H. Admin. Code § He-M 309.06
#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.