Code of Massachusetts Regulations
104 CMR - DEPARTMENT OF MENTAL HEALTH
Title 104 CMR 28.00 - Licensing and Operational Standards for Community Services
Subpart A - STANDARDS FOR COMMUNITY SERVICES
Section 28.11 - Human Rights Committee; Human Rights Officer

Universal Citation: 104 CMR 28.00 MA Code of Regs 28.11

Current through Register 1531, September 27, 2024

(1) The provider of a service shall establish, appoint and empower at least one Human Rights Committee in accordance with the provisions of 104 CMR 28.11. A provider shall establish more than one Human Rights Committee if the total number of persons served, or the number, geographical separateness, or programmatic diversity of the service is so great as to limit the effectiveness of a single Committee in meeting the requirements of 104 CMR 28.11 as determined by the Department.

(2) Subject to the approval of the Department, a single Human Rights Committee may be established to cover more than one service; provided that the total number of persons served, or the number, geographical separateness, or programmatic diversity of the services is not so great as to limit the effectiveness of the Committee in meeting the requirements of 104 CMR 28.11, as approved by the Department.

(3) The general responsibility of the Committee shall be to monitor the activities of the service with regard to the human rights of persons served by the provider. The specific duties of the Committee shall include:

(a) Reviewing and making inquiry into complaints and allegations of mistreatment, harm or violation of a person's rights and referral of such complaints for investigation in accordance with the requirements of 104 CMR 32.00: Investigation and Reporting Responsibilities.

(b) Reviewing and monitoring the use of physical restraint and other limitations on movement in accordance with 104 CMR 28.05.

(c) Reviewing and monitoring the methods utilized by the provider to inform persons and staff of persons' rights, to train persons served by the provider in the exercise of their rights, and to provide persons with opportunities to exercise their rights to the fullest extent of their capabilities and interests.

(d) Making recommendations to the provider and to the Department to improve the degree to which the human rights of persons served by the provider are understood and enforced.

(e) Visiting the service sites of the applicable service, including all staffed residential sites as defined in 104 CMR 28.13, at least once per year, with prior notice, or without notice, provided good cause exists.

(4) The Human Rights Committee shall be composed of a minimum of five members, a majority of whom shall be current or former consumers of mental health services, family members of current and former consumers, or advocates; provided, however, that any member who has any direct or indirect financial or administrative interest in the provider or in the Department must comply with any applicable disclosure or other requirements under M.G.L. c. 286A.

(5) The Human Rights Committee shall meet as often as necessary upon call of the Chairperson, or upon request of any two members, but no less often than quarterly. Minutes of all Committee meetings shall be maintained and provided to the Department upon request. The Committee shall develop, review and update as necessary operating rules and procedures, which include specific reference to: quorum requirements, respecting persons' confidentiality, and removal of members.

(6) The Human Rights Committee may delegate its duties to one or more subcommittee(s) comprised of members of the Committee; provided, however, that any recommendation for action by such subcommittee(s) must be ratified by the Human Right Committee.

(7) The service shall have a designated Human Rights Officer.

(a) The Director shall designate and empower a person or persons employed by or affiliated with the service to serve as a Human Rights Officer, taking into consideration the number of persons served and, the number, geographical separateness and diversity of the service sites. The number of Human Rights Officers so designated shall be sufficient to ensure that persons have timely access to a Human Rights Officer.

(b) If more than one Human Rights Officer is designated, then the Director shall also designate and empower a person or persons employed by the provider to serve as Human Rights Coordinator. The Human Rights Coordinator, who may also be a Human Rights Officer, is responsible to provide or arrange regular training, support, and coordinate the work of the Provider's various Human Rights Officers. This individual shall ensure the availability of Human Rights Officer assistance to persons. Each Human Rights Coordinator must participate in training programs for Human Rights Officers, including training provided by the Department.

(c) Each Human Rights Officer must, as a formal component of his or her job description:
1. Participate in training programs for Human Rights Officers, including training provided by the Department;

2. Serve as staff to the provider's Human Rights Committee;

3. Under the general direction of the Human Rights Committee and with the technical assistance of the Department, inform, train and assist persons served in the exercise of their rights in accordance with 104 CMR 28.00 and providing information about the availability of legal advocacy assistance;

4. Assist persons in obtaining legal information, advice and representation through appropriate means, including referral to independent attorneys or legal advocates; and

5. Provide information to provider staff regarding persons' rights.

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