Or. Admin. Code § 309-022-0115

Current through Register Vol. 63, No. 12, December 1, 2024

Section 309-022-0115 - Individual Rights

(1) In addition to all applicable statutory and constitutional rights, every individual receiving services has the right to:

(a) Choose from available services and supports those that are consistent with the service plan, culturally competent, provided in the most integrated setting in the community, and under conditions that are least restrictive to the individual's liberty, least intrusive to the individual, and provide for the greatest degree of independence;

(b) Be treated with dignity and respect;

(c) Have access to peer delivered services;

(d) Participate in the development of a written service plan, receive services consistent with that plan, and participate in periodic review and reassessment of service and support needs, assist in the development of the plan, and receive a copy of the written service plan;

(e) Have all services explained, including expected outcomes and possible risks;

(f) Confidentiality and the right to consent disclosure in accordance with ORS 107.154, 179.505, 179.507, 192.515, 192.507, 42 CFR Part 2, and 45 CFR Part 205.50 ;

(g) Give informed consent in writing prior to the start of services, except in a medical emergency or as otherwise permitted by law. Minor children may give informed consent to services in the following circumstances:

(A) Under age 18 and legally married;

(B) Age 16 or older and legally emancipated by the court; or

(C) Age 14 or older for outpatient services only. For purposes of informed consent, outpatient service does not include service provided in residential programs or in day or partial hospitalization programs.

(h) Inspect their service record in accordance with ORS 179.505;

(i) Refuse participation in experimentation;

(j) Receive medication specific to the individual's diagnosed clinical needs, including medications used to treat opioid dependence;

(k) Receive prior notice of transfer, unless the circumstances necessitating transfer pose a threat to health and safety;

(l) Be free from abuse or neglect and can report any incident of abuse or neglect without being subject to retaliation;

(m) Have religious freedom;

(n) Be free from seclusion and restraint, except as set forth in OAR 309-022-0175;

(o) Be informed at the start of services and periodically thereafter of the rights guaranteed by this rule;

(p) Be informed of the policies and procedures, service agreements, and fees applicable to the services provided and to have a custodial parent, guardian, or representative assist with understanding any information presented;

(q) Have family and guardian involvement in service planning and delivery;

(r) Make a declaration for mental health treatment when legally an adult;

(s) File grievances, including appealing decisions resulting from the grievance;

(t) Exercise all rights set forth in ORS 109.610 through 109.697 if the individual is a child, as defined by these rules;

(u) Exercise all rights set forth in ORS 426.385 if the individual is committed to the Authority; and

(v) Exercise all rights described in this rule without any form of reprisal or punishment.

(2) In addition to the rights set forth in section (1) of this rule, every individual receiving residential services has the right to:

(a) A safe, secure, and sanitary living environment;

(b) A humane service environment that affords reasonable protection from harm, reasonable privacy, and daily access to fresh air and the outdoors;

(c) Keep and use personal clothing and belongings and have an adequate amount of private, secure storage space. Reasonable restriction of the time and place of use of certain classes of property may be implemented if necessary to prevent the individual or others from harm, provided notice of this restriction is given to individuals and their families, if applicable, upon entry to the program, documented, and reviewed periodically;

(d) Express sexual orientation, gender identity, and gender presentation;

(e) Have access to and participate in social, religious, and community activities;

(f) Private and uncensored communications by mail, telephone, and visitation, subject to the following restrictions:

(A) This right may be restricted only if the provider documents in the individual's record that there is a court order to the contrary or that in the absence of this restriction, significant physical or clinical harm may result to the individual or others. The nature of the harm shall be specified in reasonable detail, and any restriction of the right to communicate shall be no broader than necessary to prevent this harm; and

(B) The individual and their guardian, if applicable, shall be given specific written notice of each restriction of the individual's right to private and uncensored communication. The provider shall ensure that correspondence can be conveniently received and mailed, that telephones are reasonably accessible and allow for confidential communication, and that space is available for visits. Reasonable times for the use of telephones and visits may be established in writing by the provider.

(g) Communicate privately with public or private rights protection programs or rights advocates, clergy, and legal or medical professionals;

(h) Have access to and receive available and applicable educational services in the most integrated setting in the community;

(i) Participate regularly in indoor and outdoor recreation;

(j) Not be required to perform labor;

(k) Have access to adequate food and shelter; and

(l) A reasonable accommodation if due to a disability the housing and services are not sufficiently accessible.

(3) The provider shall give to the individual and, if appropriate, the guardian a document that describes the applicable individual's rights as follows:

(a) Information given to the individual shall be in written form or upon request in an alternative format or language appropriate to the individual's need;

(b) Rights and how to exercise them shall be explained to the individual and if appropriate to their guardian; and

(c) Individual rights shall be posted in writing in a common area.

(4) In addition to the rights described in section (3), applicants and providers of Integrated (IPSR) Programs shall meet the requirements for Individual Rights specified in OAR 309-018-0115, except that seclusion and restraint may be administered as set forth in OAR 309-022-0175.

Or. Admin. Code § 309-022-0115

MHS 8-2013(Temp), f. 8-8-13, cert. ef. 8-9-13 thru 2-5-14; MHS 5-2014, f. & cert. ef. 2-3-14; MHS 27-2016(Temp), f. & cert. ef. 12-29-16 thru 6-26-17; MHS 7-2017, f. & cert. ef. 6/23/2017; BHS 16-2018, temporary amend filed 07/17/2018, effective 08/01/2018 through 01/27/2019; BHS 24-2018, amend filed 12/27/2018, effective 1/25/2019

Statutory/Other Authority: ORS 161.390, 413.042, 430.256, 426.490 - 426.500, 428.205 - 428.270, 430.640 & 443.450

Statutes/Other Implemented: ORS 109.675, 161.390 - 161.400, 179.505, 413.520 - 413.522, 426.380 - 426.395, 426.490 - 426.500, 430.010, 430.205 - 430.210, 430.240 - 430.640, 430.850 - 430.955, 443.400 - 443.460, 443.991 & 743A.168