New Jersey Administrative Code
Title 10 - HUMAN SERVICES
Chapter 161B - STANDARDS FOR LICENSURE OF OUTPATIENT SUBSTANCE USE DISORDER TREATMENT FACILITIES
Subchapter 16 - CLIENT RIGHTS
Section 10:161B-16.2 - Rights of each client
Universal Citation: NJ Admin Code 10:161B-16.2
Current through Register Vol. 56, No. 18, September 16, 2024
(a) Each client receiving services shall have:
1. The right to be informed of these rights, as evidenced by the client's
written acknowledgment or by documentation by staff in the clinical record that the client was offered a
written copy of these rights and given a written or verbal explanation of these rights in terms the client
could understand;
2. The right to be notified of any rules and
policies the program has established governing client conduct in the facility;
3. The right to be informed of services available in the program, the names
and professional status of the staff providing and/or responsible for the client's care, and fees and related
charges, including the payment, fee, deposit, and refund policy of the program and any charges for services
not covered by sources of third-party payment or the program's basic rate;
4. The right to be informed if the program has authorized other health care
and educational institutions to participate in his or her treatment, the identity and function of these
institutions, and to refuse to allow their participation in his or her treatment;
5. The right to receive from his or her physicians or clinical
practitioner(s) an explanation of his or her complete medical/health condition or diagnosis, recommended
treatment, treatment options, including the option of no treatment, risks(s) of treatment, and expected
result(s), in terms that he or she understands;
i. If, in the opinion of
the medical director or director of substance abuse counseling, this information would be detrimental to the
client's health, or if the client is not capable of understanding the information, the explanation shall be
provided to a family member, legal guardian or significant other, as available;
ii. Release of information to a family member, legal guardian or
significant other, along with the reason for not informing the client directly, shall be documented in the
client's clinical record; and
iii. All consents to release
information shall be signed by client or their parent, guardian or legally authorized
representative;
6. The right to participate in the
planning of his or her care and treatment, and to refuse medication and treatment;
i. A client's refusal of medication or treatment shall be documented in the
client's clinical record;
7. The right to participate
in experimental research only when the client gives informed, written consent to such participation, or when
a guardian or legally authorized representative gives such consent for an incompetent client in accordance
with law, rule and regulation;
8. The right to voice grievances
or recommend changes in policies and services to program staff, the governing authority, and/or outside
representatives of his or her choice either individually or as group, free from restraint, interference,
coercion, discrimination, or reprisal;
9. The right to be free
from mental and physical abuse, exploitation, and from use of restraints;
i.
A client's ordered medications shall not be withheld for failure to comply with facility rules or procedures,
unless the decision is made to terminate the client in accordance with this chapter; medications may only be
withheld when the facility medical staff determines that such action is medically indicated;
10. The right to confidential treatment of information about the
client;
i. Information in the client's clinical record shall not be released
to anyone outside the program without the client's written approval to release the information in accordance
with Federal statutes and rules for the Confidentiality of Alcohol and Drug Abuse Client Records at
42 U.S.C.
290dd-2, and 290ee-2, and 42 CFR Part 2 ??2.1 et seq., and the
provisions of the Health Insurance Portability and Accountability Act (HIPAA) at 45 CFR Parts 160 and 164,
unless the release of the information is required and permitted by law, a third-party payment contract, a
peer review, or the information is needed by DHS for statutorily authorized purposes; and
ii. The program may release data about the client for studies containing
aggregated statistics only when the client's identity is protected and masked;
11. The right to be treated with courtesy, consideration, respect, and with
recognition of his or her dignity, individuality, and right to privacy, including, but not limited to,
auditory and visual privacy;
i. The client's privacy also shall be
respected when program staff are discussing the client with others;
12. The right to exercise civil and religious liberties, including the
right to independent personal decisions;
i. No religious beliefs or
practices, or any attendance at religious services, shall be imposed upon any client;
13. The right to not be discriminated against because of age, race,
religion, sex, nationality, sexual orientation, disability (including, but not limited to, blind, deaf, hard
of hearing), or ability to pay; or to be deprived of any constitutional, civil, and/or legal rights.
i. Programs shall not discriminate against clients taking medications as
prescribed;
14. The right to be transferred or
discharged only for medical reasons, for the client's welfare, that of other clients or staff upon the
written order of a physician or other licensed clinician, or for failure to pay required fees as agreed at
time of admission (except as prohibited by sources of third-party payment);
i. Transfers and discharges, and the reasons therefore, shall be documented
in the client's clinical record; and
ii. If a transfer or
discharge on a non-emergency basis is planned by the outpatient substance use disorder treatment program, the
client and his or her family shall be given at least 10 days advance notice of such transfer or discharge,
except as otherwise provided for in 10:161B-6.4(c)
;
15. The right to be notified in writing, and to have the opportunity to
appeal, an involuntary discharge; and
16. The right to have
access to and obtain a copy of his or her clinical record, in accordance with the program's policies and
procedures and applicable Federal and State laws and rules.
Disclaimer: These regulations may not be the most recent version. New Jersey 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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