Section 75-05-01-10 - Consumers' rights1. Individuals responsible for admissions shall provide all human service center consumers, and the consumers' families or guardians, as appropriate, with a written statement regarding the exercise and protection of the consumers' civil rights. The statement must include the assurance of civil rights for all consumers of the human service center regardless of the consumers' race, color, religion, national origin, sex, age, political beliefs, or disability in accordance with title VI of the Civil Rights Act of 1964, section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act, the Americans with Disabilities Act of 1990, and the North Dakota Human Rights Act (North Dakota Century Code chapter 14-02.4). 2. The consumers, and families, custodians, or guardians, as appropriate, must receive written information concerning their rights under each program within the human service center from which the consumer is receiving services. 3. Each consumer, and family or guardian, as appropriate, will receive written information describing: a. The conditions under which a decision, action, or inaction may be appealed; b. The method of filing the appeal; c. The various steps in the appeal; and d. The assistance which can be furnished in the preparation and submission of the appeal. 4. The human service center shall provide assistance in obtaining protective or advocacy services, if necessary. 5. Consumers' rights may not be limited, unless the limitation is essential to protect the consumers' safety, the safety of others, or is determined to be of therapeutic value. The restriction must follow the limitations and restrictions of the patient's rights according to North Dakota Century Code section 25-03.1-41. 6. This article may not be construed as creating, for the benefit of a consumer, or a consumer's family or guardian, any civil right or other right. N.D. Admin Code 75-05-01-10
Effective November 1, 1987; amended effective December 1, 1991; February 1, 1996; January 1, 2009.General Authority: NDCC 50-06-05.2
Law Implemented: NDCC 50-06-05.2