Current through Reg. 49, No. 38; September 20, 2024
(a) The facility
shall respect, protect, implement and enforce each client right required to be
contained in the facility's Client Bill of Rights. The Client Bill of Rights
for all facilities shall include:
(1) You
have the right to accept or refuse treatment after receiving this
explanation.
(2) If you agree to
treatment or medication, you have the right to change your mind at any time
(unless specifically restricted by law).
(3) You have the right to a humane
environment that provides reasonable protection from harm and appropriate
privacy for your personal needs.
(4) You have the right to be free from abuse,
neglect, and exploitation.
(5) You
have the right to be treated with dignity and respect.
(6) You have the right to appropriate
treatment in the least restrictive setting available that meets your
needs.
(7) You have the right to be
told about the program's rules and regulations before you are admitted,
including, without limitation, the rules and policies related to restraints and
seclusion. Your legally authorized representative, if any, also has the right
to be and shall be notified of the rules and policies related to restraints and
seclusion.
(8) You have the right
to be told before admission:
(A) the
condition to be treated;
(B) the
proposed treatment;
(C) the risks,
benefits, and side effects of all proposed treatment and medication;
(D) the probable health and mental health
consequences of refusing treatment;
(E) other treatments that are available and
which ones, if any, might be appropriate for you; and
(F) the expected length of stay.
(9) You have the right to a
treatment plan designed to meet your needs, and you have the right to take part
in developing that plan.
(10) You
have the right to meet with staff to review and update the plan on a regular
basis.
(11) You have the right to
refuse to take part in research without affecting your regular care.
(12) You have the right not to receive
unnecessary or excessive medication.
(13) You have the right to have information
about you kept private and to be told about the times when the information can
be released without your permission.
(14) You have the right to be told in advance
of all estimated charges and any limitations on the length of services of which
the facility is aware.
(15) You
have the right to receive an explanation of your treatment or your rights if
you have questions while you are in treatment.
(16) You have the right to make a complaint
and receive a fair response from the facility within a reasonable amount of
time.
(17) You have the right to
complain directly to the Texas Commission on Alcohol and Drug Abuse at any
reasonable time.
(18) You have the
right to get a copy of these rights before you are admitted, including the
address and phone number of the Texas Commission on Alcohol and Drug
Abuse.
(19) You have the right to
have your rights explained to you in simple terms, in a way you can understand,
within 24 hours of being admitted.
(b) For residential sites, the Client Bill of
Rights shall also include:
(1) You have the
right not to be restrained or placed in a locked room by yourself unless you
are a danger to yourself or others.
(2) You have the right to communicate with
people outside the facility. This includes the right to have visitors, to make
telephone calls, and to send and receive sealed mail. This right may be
restricted on an individual basis by your physician or the person in charge of
the program if it is necessary for your treatment or for security, but even
then you may contact an attorney or the Texas Commission on Alcohol and Drug
Abuse at any reasonable time.
(3)
If you consented to treatment, you have the right to leave the facility within
four hours of requesting release unless a physician determines that you pose a
threat of harm to yourself and others.
(c) If a client's right to free communication
is restricted under the provisions of subsection (b)(2) of this section, the
physician or program director shall document the clinical reasons for the
restriction and the duration of the restriction in the client record. The
physician or program director shall also inform the client, and, if
appropriate, the client's consenter of the clinical reasons for the restriction
and the duration of the restriction.