Oregon Administrative Rules
Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES
Division 19 - OUTPATIENT BEHAVIORAL HEALTH SERVICES
Section 309-019-0115 - Individual Rights
Universal Citation: OR Admin Rules 309-019-0115
Current through Register Vol. 63, No. 9, September 1, 2024
(1) In addition to all applicable statutory and constitutional rights, every individual receiving services has the right to:
(a)
Choose from services and supports that are consistent with the assessment and
service plan, culturally competent, provided in the most integrated setting in
the community and under conditions that are least restrictive to the
individual's liberty, that are least intrusive to the individual, and that
provide for the greatest degree of independence;
(b) Be treated with dignity and
respect;
(c) Participate in the
development of a written service plan, receive services consistent with that
plan and participate in periodic review and reassessment of service and support
needs, assist in the development of the plan, and receive a copy of the written
service plan;
(d) Have all services
explained, including expected outcomes and possible risks;
(e) Confidentiality and the right to consent
to disclosure in accordance with ORS
107.154,
179.505,
179.507,
192.515, 192.507, 42 CFR Part 2
and 45 CFR Part 205.50 ;
(f) Give
informed consent in writing prior to the start of services, except in a medical
emergency or as otherwise permitted by law. Minor children may give informed
consent to services in the following circumstances:
(A) Under age 18 and lawfully
married;
(B) Age 16 or older and
legally emancipated by the court; or
(C) Age 14 or older for outpatient services
only. For purposes of informed consent, outpatient service does not include
service provided in residential programs or in day or partial hospitalization
programs.
(g) Inspect
their service record in accordance with ORS
179.505;
(h) Refuse participation in
experimentation;
(i) Receive
medication specific to the individual's diagnosed clinical needs, including
medications used to treat opioid dependence;
(j) Receive prior notice of transfer, unless
the circumstances necessitating transfer pose a threat to health and
safety;
(k) Be free from abuse or
neglect and to report any incident of abuse or neglect without being subject to
retaliation;
(L) Have religious
freedom;
(m) Be free from seclusion
and restraint;
(n) Be informed at
the start of services and periodically thereafter of the rights guaranteed by
this rule;
(o) Be informed of the
policies and procedures, service agreements and fees applicable to the services
provided, and to have a custodial parent, guardian, or representative assist
with understanding any information presented;
(p) Have family and guardian involvement in
service planning and delivery;
(q)
Have an opportunity to make a declaration for mental health treatment, when
legally an adult;
(r) File
grievances, including appealing decisions resulting from the
grievance;
(s) Exercise all rights
set forth in ORS 109.610 through
109.697 if the individual is a
child, as defined by these rules;
(t) Exercise all rights set forth in ORS
426.385 if the individual is
committed to the Authority; and
(u)
Exercise all rights described in this rule without any form of reprisal or
punishment.
(2) The provider shall give to the individual and, if appropriate, the guardian a document that describes the applicable individual's rights as follows:
(a) Information given to the individual shall
be in written form or, upon request, in an alternative format or language
appropriate to the individual's need;
(b) The rights and how to exercise them shall
be explained to the individual, and if applicable the guardian; and
(c) Individual rights shall be posted in
writing in a common area.
Statutory/Other Authority: ORS 161.390, 413.042, 430.256, 426.495, 430.640 & 443.450
Statutes/Other Implemented: ORS 109.675, 161.390 - 161.400, 179.505, 413.520 - 413.522, 426.380- 426.395, 426.490 - 426.500, 428.205 - 428.270, 430.010, 430.205 - 430.210, 430.254 - 430.640, 430.850 - 430.955, 443.400 - 443.460 & 743A.168
Disclaimer: These regulations may not be the most recent version. Oregon 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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