Section He-M 310.04 - Fundamental Rights(a) Any person receiving services for a developmental disability or acquired brain disorder shall be entitled to any legal right to which all citizens are entitled regardless of that person's admission to the developmental services system, except as provided by RSA 171-B.(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, as provided in 42 U.S.C. § 1973aa-6, the right to receive assistance from the person of his or her choice 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 or representative has been appointed to make certain decisions or a behavior change program, as described in He-M 310.11, exists that limits an individual's rights and is approved by a human rights committee pursuant to RSA 171-A:17, II(c): 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; andf. 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, disability, marital status, 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 the individual;b. Services which are accessible to individuals of limited English proficiency; andc. Service locations that are accessible and meet the individuals physical, sensory, intellectual, or emotional needs; 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.(c) The legal rights of a person involuntarily admitted in accordance with RSA 171-B may be limited to the extent necessary to prevent harm to the individual or others, unless the individual is committed to the secure psychiatric unit of the New Hampshire state prison.N.H. Admin. Code § He-M 310.04
#4413, eff 4-27-88; ss by #5094, eff 3-15-91; ss by #6212, INTERIM, eff 3-30-96, EXPIRES: 12-31-98; ss by #6758, eff 5-27-98; ss by #8640, INTERIM, eff 5-27-06, EXPIRES: 11-23-06; ss by #8701, eff 8-4-06
Amended byVolume XXXV Number 18, Filed May 7, 2015 , Proposed by #10821, Effective 4/25/2015, Expires4/25/2025.Amended by Number 28, Filed July 13, 2023, Proposed by #13676, Effective 6/24/2023, Expires 6/24/2033.