Oregon Administrative Rules
Chapter 415 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: ADDICTION SERVICES
Division 54 - DUII ALCOHOL/OTHER DRUG INFORMATION AND DUII ALCOHOL/OTHER DRUG REHABILITATION PROGRAMS; ALCOHOL AND DRUG EVALUATION AND SCREENING SPECIALIST
Section 415-054-0481 - Individual Rights
Universal Citation: OR Admin Rules 415-054-0481
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
available services and supports that are 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 referred to a Division
approved DUII services provider of the individual's choice and be free from
undue influence or coercion when choosing a provider.
(c) Have the role of the court, DUII services
provider, and ADSS monitoring process explained where the DUII system is
concerned;
(d) Be treated with
dignity and respect;
(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) Inspect their service record in
accordance with ORS
179.505;
(g) Refuse participation in
experimentation;
(h) Receive prior
notice of transfer, unless the circumstances necessitating transfer pose a
threat to health and safety;
(i)
Be free from abuse or neglect and to report any incident of abuse or neglect
without being subject to retaliation;
(j) Have religious freedom;
(k) Be free from seclusion and restraint;
(l) Be informed at the start of
services of the rights guaranteed by this rule;
(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 and guardian involvement in
service planning and delivery;
(o)
File grievances, including appealing decisions resulting from the grievance;
(p) Exercise all rights set forth
in ORS
109.610 through
109.697 if the individual is a child, as defined by these rules;
(q) Exercise all rights set forth in ORS
426.385 if the individual is committed to the Authority; and
(r) Exercise all rights described in this
rule without any form of reprisal or punishment.
(2) The ADSS must 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 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 must be explained to the individual and if applicable the guardian; and
(c) Individual rights must be
posted in writing in a common area.
Statutory/Other Authority: 413.042 & 430.256
Statutes/Other Implemented: 430.256, 430.205-430.210, 430.254-430.640, 430.850-430.955, 461.549 & 743A.168
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