Louisiana Administrative Code
Title 48 - PUBLIC HEALTH-GENERAL
Part I - General Administration
Subpart 3 - Licensing and Certification
Chapter 56 - Behavioral Health Service Providers
Subchapter H - Client Rights
Section I-5661 - Client Rights
Universal Citation: LA Admin Code I-5661
Current through Register Vol. 50, No. 9, September 20, 2024
A. The BHS provider shall develop, implement and comply with policies and procedures that:
1. protect its clients rights;
2. respond to questions and grievances
pertaining to these rights;
3.
ensure compliance with clients rights enumerated in
R.S.
28:171; and
4. ensure compliance with minors rights
enumerated in the Louisiana Childrens Code article
1409.
B. A BHS providers client and, if applicable, the clients parent(s) or legal guardian, have the following rights:
1. to be informed of the
client's rights and responsibilities at the time of admission or within 24
hours of admission;
2. to have a
family member, chosen representative and/or his or her own physician notified
of admission to the BHS provider at the request of the client;
3. to receive treatment and medical services
without discrimination based on race, age, religion, national origin, gender,
sexual orientation, or disability;
4. to maintain the personal dignity of each
client;
5. to be free from abuse,
neglect, exploitation and harassment;
6. to receive care in a safe
setting;
7. to receive the services
of a translator or interpreter, if applicable, to facilitate communication
between the client and the staff;
8. to be informed of the clients own health
status and to participate in the development, implementation and updating of
the clients treatment plan;
9. to
make informed decisions regarding the clients care by the client or the clients
parent or guardian, if applicable, in accordance with federal and state laws
and regulations;
10. to participate
or refuse to participate in experimental research when the client gives
informed, written consent to such participation, or when a clients parent or
legal guardian provides such consent, when applicable, in accordance with
federal and state laws and regulations;
11. for clients in residential facilities, to
consult freely and privately with the clients legal counsel or to contact an
attorney at any reasonable time;
12. to be informed, in writing, of the
policies and procedures for filing a grievance and their review and
resolution;
13. to submit
complaints or grievances without fear of reprisal;
14. for clients in residential facilities, to
possess and use personal money and belongings, including personal clothing,
subject to rules and restrictions imposed by the BHS provider;
15. for clients in residential facilities, to
visit or be visited by family and friends subject to rules imposed by the
provider and to any specific restrictions documented in the client's treatment
plan;
16. to have the clients
information and medical records, including all computerized medical
information, kept confidential in accordance with federal and state statutes
and rules/regulations;
17. for
clients in residential facilities, access to indoor and outdoor recreational
and leisure opportunities;
18. for
clients in residential facilities, to attend or refuse to attend religious
services in accordance with his/her faith;
19. to be given a copy of the program's rules
and regulations upon admission;
20.
to receive treatment in the least restrictive environment that meets the
clients needs;
21. to not be
restrained or secluded in violation of federal and state laws, rules and
regulations;
22. to be informed in
advance of all estimated charges and any limitations on the length of services
at the time of admission or within 72 hours;
23. to receive an explanation of treatment or
rights while in treatment;
24. to
be informed of the:
a. nature and purpose of
any services rendered;
b. the title
of personnel providing that service;
c. the risks, benefits, and side effects of
all proposed treatment and medications;
d. the probable health and mental health
consequences of refusing treatment; and
e. other available treatments which may be
appropriate;
25. to
accept or refuse all or part of treatment, unless prohibited by court order or
a physician deems the client to be a danger to self or others or gravely
disabled;
26. for children and
adolescents in residential BH facilities, to access educational services
consistent with the client's abilities and needs, relative to the clients age
and level of functioning; and
27.
to have a copy of these rights, which includes the information to contact HSS
during routine business hours.
C. The residential or outpatient clinic provider shall
1. post a copy of the clients
rights on the premises that is accessible to all clients; and
2. give a copy of the clients rights to each
client upon admission and upon revision.
AUTHORITY NOTE: Promulgated in accordance with R.S. 36:254 and R.S. 40:2151-2161.
Disclaimer: These regulations may not be the most recent version. Louisiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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