Section 334.109 - Rights of an Individual Receiving Services and Supports and an LAR(a) An LAR has the authority to make certain decisions on an individual's behalf.(b) An individual receiving services and supports and an LAR have the following rights: (1) the right to participate in the development and periodic review of an individualized treatment plan and to receive the individual's progress in writing at reasonable intervals, as described in THSC, §§592.033 - 592.035;(2) the right to choose from several appropriate services, if possible, as described in THSC, §592.035(b);(3) the right to withdraw the individual from services and supports, as described in THSC, §592.036;(4) the right to not receive unnecessary or excessive medications, as described in THSC, §592.038;(5) the right to initiate a complaint on behalf of the individual, as described in THSC, §592.039;(6) the right to be given written notice of the rights guaranteed by the PMRA in plain and simple language when the individual begins to receive services and supports, as described in THSC, §592.040;(7) the right to have access to information contained in the individual's record, as described in THSC, §595.004; and(8) the right to request an administrative hearing to contest a proposed transfer or discharge of the individual from a state MR facility, the denial of a requested discharge or transfer of the individual from a state MR facility, or the results of a determination of mental retardation of the individual, as described in Subchapter D of this chapter (relating to Administrative Hearings Under the PMRA).(c) An individual residing in a state MR facility has the following additional rights, as described in THSC, §592.051 and §592.052: (1) the right to a normal residential environment;(2) the right to a humane physical environment;(3) the right to communication and visits;(4) the right to possess personal property; and(5) the right to prompt, adequate, and necessary medical and dental care and treatment for physical and mental ailments and to prevent an illness or disability.26 Tex. Admin. Code § 334.109
Transferred from 40 TAC § 4.109 Texas Register, Volume 49, Number 24, June 14, 2024, TexReg 4435, eff. 7/1/2024