Current through Vol. 42, No. 1, September 16, 2024
(a) Each resident
shall have and enjoy all constitutional and statutory rights of all citizens of
the State of Oklahoma and the United States, unless abridged by due process of
law by a court of competent jurisdiction. Each facility shall insure each
resident has the rights specified as follows.
(1) Each resident has the right to be treated
with respect and dignity. This shall be construed to protect and promote human
dignity and respect for individual dignity.
(2) Each resident has the right to a safe,
sanitary, and humane living environment.
(3) Each resident has the right to a humane
psychological environment protecting them from harm, abuse, and
neglect.
(4) Each resident has the
right to an environment which provides reasonable privacy, promotes personal
dignity, and provides opportunity for the client to improve his or her
functioning.
(5) Each resident has
the right to receive services suited to his or her condition and needs for
treatment without regard to his or her race, religion, gender, ethnic origin,
age, degree of disability, handicapping condition, legal status, sexual
orientation.
(6) Each resident, on
admission, has the absolute right to communicate his or her change of address
with a relative, friend, clergy, or attorney, by telephone or mail.
(7) Each resident shall have and retain the
right to confidential communication with an attorney, personal physician, the
ODMHSAS Office of Consumer Advocacy, the ODMHSAS Office of Inspector General,
or clergy. This right shall not be restricted by the facility.
(8) Each resident has the right to
uncensored, private communications including, but not limited to, letters,
telephone calls, and personal visits. Copies of any personal letter, sent or
received, by a resident shall not be kept in his or her clinical
record.
(9) No resident shall ever
be mistreated, maltreated, or otherwise abused by staff, visitors, or other
consumers.
(10) Each resident has
the right to easy access to his or her personal funds on deposit with the
facility, and shall be entitled to an accounting for said funds.
(11) Each resident has the right to have his
or her own clothing and personal possessions.
(12) Each resident shall have the right to
practice his or her own religious beliefs, and afforded the opportunity for
religious worship. No client shall ever be coerced into engaging in, or
refraining from, any personal religious activity, practice, or
belief.
(13) The records of each
resident shall be treated in a confidential manner.
(14) Each resident has the right to refuse to
participate in any research project or medical experiment without informed
consent of the resident, as defined by law. A refusal to participate shall not
affect the services available to the resident.
(15) A resident may voluntarily participate
in work therapy, and shall be paid just compensation for such participation.
However, each resident is responsible for personal care and housekeeping tasks
without compensation.
(16) The
community residential mental health facility shall provide residents who are
leaving at the request of the community residential mental health facility all
funds and property belonging to him or her at the time of his or her
departure.
(17) Each resident shall
have the right to establish and to participate in a resident committee or
resident government.
(18) Each
resident has the right to assert grievances with respect to any alleged
infringement of these stated rights of residents, or any other subsequently
statutorily granted rights.
(19) No
resident shall ever be retaliated against, or subject to, any adverse
conditions because of having asserted his or her rights as stated in this
Section.
(20) Most rights may be
limited by the treatment team for therapeutic reasons, including safety of the
consumer or other consumers and staff in the facility. These limitations must
be documented in the clinical record, reviewed frequently, and shall not be
limited for purposes of punishment, staff convenience, or in retaliation for a
consumer exercising any of his/her rights.
(b) Each affected facility shall have written
policy and implementing procedures, and shall provide documented staff training
to insure the implementation of each and every resident right stated in this
section.
(c) Each affected facility
shall have written policy and implementing procedures to insure each resident
enjoys, and has explained to him or her, these rights; and these rights are
visibly posted in both resident and public areas of the facility.
(d) The Department, in any investigation or
monitoring shall have access to residents, RCF records and RCF staff as set
forth in OAC
450:15-7-3.
Added at 21 Ok Reg 1726, eff 7-1-04 ; Amended at 23 Ok
Reg 1412, eff 7-1-06 ; Amended at 27 Ok Reg 1005, eff 7-1-10 ; Amended at 28 Ok
Reg 903, eff 7-1-11, Amended at 30 Ok Reg 1409, eff
7-1-13
