Texas Administrative Code
Title 26 - HEALTH AND HUMAN SERVICES
Part 1 - HEALTH AND HUMAN SERVICES COMMISSION
Chapter 334 - Rights and Protection of Individuals with an Intellectual Disability
Section 334.109 - Rights of an Individual Receiving Services and Supports and an LAR
Universal Citation: 26 TX Admin Code ยง 334.109
Current through Reg. 49, No. 52; December 27, 2024
(a) An LAR has the authority to make certain decisions on an individual's behalf.
(b) An individual receiving services and supports and an LAR have the following rights:
(1) the right to participate in the
development and periodic review of an individualized treatment plan and to
receive the individual's progress in writing at reasonable intervals, as
described in THSC, §§592.033 - 592.035;
(2) the right to choose from several
appropriate services, if possible, as described in THSC,
§592.035(b);
(3) the right to
withdraw the individual from services and supports, as described in THSC,
§592.036;
(4) the right to not
receive unnecessary or excessive medications, as described in THSC,
§592.038;
(5) the right to
initiate a complaint on behalf of the individual, as described in THSC,
§592.039;
(6) the right to be
given written notice of the rights guaranteed by the PMRA in plain and simple
language when the individual begins to receive services and supports, as
described in THSC, §592.040;
(7) the right to have access to information
contained in the individual's record, as described in THSC, §595.004;
and
(8) the right to request an
administrative hearing to contest a proposed transfer or discharge of the
individual from a state MR facility, the denial of a requested discharge or
transfer of the individual from a state MR facility, or the results of a
determination of mental retardation of the individual, as described in
Subchapter D of this chapter (relating to Administrative Hearings Under the
PMRA).
(c) An individual residing in a state MR facility has the following additional rights, as described in THSC, §592.051 and §592.052:
(1) the right to a normal residential
environment;
(2) the right to a
humane physical environment;
(3)
the right to communication and visits;
(4) the right to possess personal property;
and
(5) the right to prompt,
adequate, and necessary medical and dental care and treatment for physical and
mental ailments and to prevent an illness or disability.
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