Or. Admin. Code § 415-050-0120

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

Section 415-050-0120 - Patient Rights

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

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

(b) Be treated with dignity and respect;

(c) Participate in the development of a written stabilization Plan, receive services consistent with that plan, and participate in periodic review and reassessment of service and support needs, and receive a copy of the written stabilization and care coordination plans;

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

(e) Confidentiality, and the right to consent to 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 ;

(f) Give informed consent in writing prior to the start of services, except as otherwise permitted by law.

(g) Inspect their Service Record in accordance with ORS 179.505 and applicable law;

(h) Refuse participation in experimentation;

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

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

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

(l) Have religious freedom;

(m) Be free from seclusion and restraint;

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

(o) 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;

(p) Have family and guardian involvement in stabilization and care coordination planning and delivery;

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

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

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

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

(2) In addition to the rights specified in section (1) of this rule, every patient receiving services has the right to:

(a) A safe, secure, and sanitary 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 to 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 patient or others from harm, provided that notice of this restriction is given to patients 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) Not be required to perform labor;

(g) Have access to a variety of food choices 24 hours per day, 7 days per week and three meals per day; and

(h) A reasonable accommodation or transfer if, due to a disability, services are not sufficiently accessible.

(3) The provider must give to the patient and, if appropriate, the guardian, a document that describes the applicable patient rights as follows:

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

(b) The rights and how to exercise them must be explained to the patient, and if appropriate, to their guardian; and

(c) Patient rights must be posted in writing in a common area.

Or. Admin. Code § 415-050-0120

MHD 15-1983, f. 7-27-83, ef. 10-25-83; ADAP 3-1993, f. & cert. ef. 12-6-93, Renumbered from 309-050-0020; ADS 2-2008, f. & cert. ef. 11-13-08; ADS 6-2013, f. & cert. ef. 8-1-13; ADS 1-2023, renumbered from 415-050-0020, filed 01/20/2023, effective 1/20/2023; ADS 3-2023, amend filed 04/07/2023, effective 4/7/2023

Statutory/Other Authority: ORS 430.256

Statutes/Other Implemented: 430.345 - 430.375 & ORS 430.306