Code of Massachusetts Regulations
105 CMR - DEPARTMENT OF PUBLIC HEALTH
Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs
Part ONE - LICENSING AND APPROVAL PROCEDURES AND REQUIREMENTS
Substance Abuse Treatment Program Requirements: All Licensees
Section 164.079 - Patients' and Residents' Rights
Universal Citation: 105 CMR 164.000 MA Code of Regs 164.079
Current through Register 1543, March 14, 2025
(A) The Licensed or Approved Provider shall safeguard the legal and civil rights of each patient and resident at all times during treatment and throughout the discharge process. Each Licensed or Approved Provider shall adopt and maintain an updated set of rules, which set forth the responsibilities and the rights of patients and residents regarding treatment and discharge.
(B) The Licensed or Approved Provider shall guarantee the patient or resident, at a minimum, the following rights:
(1) freedom from physical and psychological
abuse;
(2) freedom from strip
searches and body cavity searches;
(3) control over his or her bodily
appearance; provided, however, on program premises, the Licensed or Approved
Provider may prohibit attire and personal decoration which interfere with
treatment;
(4) access to his or her
patient or resident record in the presence of the administrator or designee,
unless there is a determination that access to parts of the record could cause
harm to the patient or resident;
(5) the right to challenge information in his
or her patient or resident record by inserting a statement of clarification or
letter of correction signed by both the clinician and the patient or
resident;
(6) the right to obtain a
copy of the patient's or resident's records as specified in
105 CMR
164.083;
(7) the right to have the confidentiality of
his or her records secured as required by
105 CMR
164.084;
(8) the right to terminate treatment at any
time, except in the case of an individual committed to treatment under M.G.L.
c. 123, § 35;
(9) freedom from
coercion;
(10) treatment provided
on a nondiscriminatory basis;
(11)
treatment in a manner sensitive to individual needs and which promotes dignity
and self-respect;
(12) full
disclosure regarding fee charged and, in residential rehabilitation programs,
any patient or resident benefits to be contributed;
(13) the right to grieve actions or decisions
of the Licensed or Approved Provider regarding the patient's or resident's
treatment;
(14) freedom to practice
his or her religious faith;
(15)
the right to request referral to a facility which provides treatment in a
manner to which the patient or resident has no religious objection;
(16) drug screens conducted in a manner which
preserves the patient's or resident's dignity and, when the drug screen is by
urine sample, accommodates any medically confirmed inability to give urine by
providing for an alternate effective means of screening such as oral swab;
and
(17) the right to contact the
Department.
(C) The Licensed or Approved Provider shall provide for translations of rights, rules and manuals for patients and residents who do not read English.
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