Section He-M 311.06 - Treatment Rights(a) Individuals shall have the right to adequate and humane treatment, including: (1) The right to access to treatment including: a. For those 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 subject to the admission and eligibility policies and standards of each facility; andc. The right to receive services without regard to race, color, age, religion, sex, national origin, type or severity of disability, sexual orientation or inability to pay except in accordance with He-M 311.07;(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 facilities providing the treatment and to the conditions for which the individual is being treated;(3) The right to receive all services or treatment in accordance with the time frame set forth in the individual's individual service plan;(4) The right to quality treatment such that where state rules adopted pursuant to RSA 541-A do not set a different requirement, the quality of services and treatment at New Hampshire Hospital shall be in accordance with "The Joint Commission Comprehensive Accreditation Manual for Hospitals" (January 2015) published by Joint Commission Resources, Inc. One Renaissance Boulevard, Oakbrook Terrace, Illinois 60181;(5) The right to an individual service plan developed, reviewed and revised in accordance with RSA 135-C:19 and "The Joint Commission Comprehensive Accreditation Manual for Hospitals" (January 2015) published by Joint Commission Resources, Inc. One Renaissance Boulevard, Oakbrook Terrace, Illinois 60181;(6) The right to receive service and treatment in the least restrictive alternative or environment necessary to achieve the intended purpose of treatment including services and treatment 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;(7) The right to be served in the least restrictive program or facility and also the least restrictive setting within a program or facility, except that a facility may restrict access by individuals to various areas as necessary 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 and orders of court;(8) The right to be informed of all significant risks, benefits, side effects, and alternative treatments and services and to give consent to any treatment, placement, or referral following an informed decision, except actions taken under He-M 305 or otherwise permitted by law, such that: a. Whenever it is possible, the consent shall be given in writing; andb. In all other cases, evidence of consent shall be documented by the facility and be witnessed by at least one person;(9) The right to refuse to participate in any form of experimental treatment or in any research;(10) The right to be fully informed of one's own diagnosis and prognosis;(11) The right to voluntary placements and to seek changes in placement, services, or treatment except that: a. Placements shall not be voluntary if RSA 135-C:27-48 or 135-C:51 apply; andb. Withdrawal shall be restricted as provided in RSA 135-C:17;(12) The right to services which promote independence including services which shall be directed toward: a. Eliminating, or reducing as much as possible, the individuals' needs for continued services and treatment; andb. Promoting the ability of the individuals to function at their highest capacity and as independently as possible;(13) The right to prompt medical care and treatment as the person's condition requires;(14) 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; and
b. Granting to such health practitioners of reasonable access to their individuals in facilities; andc. Allowing such health practitioners to make recommendations to facilities regarding the services and treatment provided by the facilities; (15) 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: (16) The right to refuse medication and treatment except emergency treatment under the terms and conditions provided in He-M 305, He-M 306 and RSA 135:21-b;(17) The right to freedom from restraint including the right to be free from seclusion and physical, mechanical or pharmacological restraint except that: a. Such means of seclusion and restraint may be used as part of a service plan to which the individual or individual's guardian, if any, has consented having made an informed decision to do so; andb. Physical restraint may also be used as a form of emergency treatment following the requirements of He-M 305, personal safety emergencies;(18) If the individual meets the definition of a "child" in RSA 126-U:1, I, 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; and(19) The right to a safe, sanitary and humane living environment. (b) These rules shall not require any medical or behavioral health care professional to administer treatment contrary to such professional's clinical judgment.(c) Facilities shall, whenever possible, maximize the decision-making authority of the individual.(d) The following provisions shall apply to individuals for whom a guardian has been appointed by a court of competent jurisdiction: (1) The facility shall ensure that the guardian and all persons involved in the provision of services are made aware of the individual's needs, views, preferences and aspirations;(2) The facility shall comply with decisions made by the guardian or representative within the legitimate scope of his or her authority;(3) The facility shall request a copy of the guardianship order from the guardian and keep the order in the individual's record at the facility;(4) 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;(5) A facility 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(6) In the event that there is a dispute between the facility and the guardian, the facility 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 311.06
#4414, eff 4-27-88; ss by #5095, eff 3-15-91, EXPIRED: 3-15-97
New. #6759, eff 5-27-98; ss by #8641, INTERIM, eff 5-27-06, EXPIRES: 11-23-06; ss by #8758, eff 11-17-06
Amended byVolume XXXIV Number 46, Filed November 13, 2014, Proposed by #10707, Effective 11/15/2014, Expires5/14/2015.Amended byVolume XXXV Number 18, Filed May 7, 2015 , Proposed by #10820, Effective 4/23/2015, Expires4/23/2025.