Oregon Administrative Rules
Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES
Division 32 - COMMUNITY TREATMENT AND SUPPORT SERVICES
Section 309-032-0341 - Rights of Eligible Individuals
Universal Citation: OR Admin Rules 309-032-0341
Current through Register Vol. 63, No. 9, September 1, 2024
(1) In addition to all applicable statutory and constitutional rights, every eligible individual receiving services has the right to:
(a) Choose from available services and
supports;
(b) Be treated with
dignity and respect;
(c) Have all
services explained, including expected outcomes and possible risks;
(d) Confidentiality and the right to consent
to disclosure in accordance with ORS
107.154,
179.505,
192.515 and 42 CFR Part 2 and 45
CFR Part 205.50 ;
(e) Give informed
consent to services in writing prior to the start of services, except in a
medical emergency or as otherwise permitted by law;
(f) Inspect their Individual Service Record
in accordance with ORS
179.505;
(g) Not participate in
experimentation;
(h) Receive
medications specific to the individual's diagnosed clinical needs;
(i) Receive prior notice of service
conclusion or transfer, unless the circumstances necessitating service
conclusion or transfer pose a threat to health or safety;
(j) Be free from abuse or neglect and to
report any incident of abuse or neglect without being subject to
retaliation;
(k) Have religious
freedom;
(l) Be informed at the
start of services and periodically thereafter of the rights guaranteed by these
rules;
(m) 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;
(n) Have family involvement in service
planning and delivery;
(o) Make a
declaration for mental health treatment, when legally an adult;
(p) File grievances, including appealing
decisions resulting from the grievance; and
(q) Exercise all rights described in this
rule without any form of reprisal or punishment.
(2) The provider will give to the individual and if applicable, to the guardian, a document that describes the preceding individual rights.
(a) Information given to
the individual must 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 will
be explained and
(c) Individual
rights will be posted in writing in a common area.
Stat. Auth.: ORS 413.042 & 430.640
Stats. Implemented: ORS 430.610 - 430.695
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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