Utah Administrative Code
Topic - Health
Title R432 - Health Care Facility Licensing
Rule R432-201 - Mental Retardation Facility: Supplement "A" to the Small Health Care Facility Rule
Section R432-201-8 - Client Rights
Universal Citation: UT Admin Code R 432-201-8
Current through Bulletin 2024-06, March 15, 2024
(1) The licensee shall:
(a) ensure the rights of each client,
as outlined in this section;
(b)
inform each client, parent, if the client is a minor, or legal guardian, of the
following:
(i) client rights;
(ii) rules of the facility;
(iii) medical condition;
(iv) developmental status;
(v) behavioral status;
(vi) attendant risks of treatment;
and
(vii) the right to refuse
treatment;
(c) allow
and encourage individual clients to exercise their rights as clients of the
facility, and as citizens of the United States, including the right to file
complaints and the right to due process, and give each client the opportunity
to voice grievances and recommend changes in policies and procedures to
facility staff and outside representatives of personal choice, free from
restraint, interference, coercion, discrimination, or reprisal;
(d) allow individual clients to manage their
financial affairs and teach them to do so to the extent of their
capabilities;
(e) ensure that
clients are not subjected to physical, verbal, sexual, or psychological abuse,
or punishment;
(f) ensure that
clients are free from unnecessary drugs and physical restraints and are
provided active treatment to reduce dependency on drugs and physical
restraints;
(g) provide each client
with the opportunity for personal privacy and ensure privacy during treatment
and care of personal needs;
(h)
ensure the clients are not compelled to participate in publicity events, fund
raising activities, movies or anything that would exploit the client;
(i) ensure that clients are not compelled to
perform services for the facility and ensure that clients who do work for the
facility are compensated for their efforts at prevailing wages commensurate
with their abilities;
(j) ensure
clients the opportunity to communicate, associate and meet privately with
individuals of their choice, including legal counsel and clergy, and to send
and receive unopened mail;
(k)
ensure that clients have access to telephones with privacy for incoming and
outgoing local and long-distance calls except as contraindicated by factors
identified within their individual program plans;
(l) ensure clients the opportunity to
participate in social and community group activities and the opportunity to
exercise religious beliefs and to participate in religious worship services
without being coerced or forced into engaging in any religious
activity;
(m) ensure that clients
have the right to keep and use appropriate personal possessions and clothing,
and ensure that each client is dressed in their own clothing each day;
and
(n) permit a married couple
both of whom reside in the facility to reside together as a couple.
(2) The licensee shall establish and maintain a system that ensures:
(a)
complete accounting of clients' personal funds entrusted to the facility on
behalf of clients;
(b) no
commingling of client funds with facility funds or with the funds of any person
other than another client;
(c) the
client's financial record is available on request to the client, parents, if
the client is a minor, or legal guardian;
(d) any money entrusted to the facility on
behalf of the clients is kept in the facility or insured and deposited within
five days of receipt in an interest-bearing account in a local bank or savings
and loan association authorized to do business in Utah;
(e) when the amount of a client's money
entrusted to the facility exceeds $150, any money over $150 is deposited in an
interest-bearing account;
(f) a
person, firm, partnership, association, or corporation, that is licensed to
operate more than one health facility maintains a separate account for each
facility and does not commingle client funds from one facility with
another;
(g) upon discharge of a
client, any money and valuables of the client that have been entrusted to the
licensee are surrendered to the client in exchange for a signed
receipt;
(h) the licensee shall
surrender, upon demand, any money and valuables kept within the facility and
shall make available any money kept in an interest-bearing account within a
reasonable time;
(i) within 30 days
following the death of a client, except in a case under investigation by the
medical examiner, any money, and valuables of the client that have been
entrusted to the licensee are surrendered to the person responsible for the
client or to the executor or the administrator of the estate in exchange for a
signed receipt; and
(j) when a
client dies without a representative or known heirs, the licensee shall provide
immediate written notice to the state medical examiner and the registrar of the
local probate court and file a copy of the notice with the department.
(3) The licensee shall:
(a) promote participation of parent, if the
client is a minor, and legal guardian in the process of providing active
treatment to a client unless their participation is unobtainable or
inappropriate;
(b) answer
communications from a client's family and friends promptly and
appropriately;
(c) promote visits
by individuals with a relationship to a client, such as family, close friends,
legal guardian, and advocate, at any reasonable hour, without earlier notice,
consistent with the right of a client's and other clients' privacy, unless the
interdisciplinary team determines that the visit would not be appropriate for
that client;
(d) promote visits by
parents or guardians to any area of the facility that provides direct client
care service to a client, consistent with right of that client's and other
clients' privacy;
(e) promote
frequent and informal leaves from the facility for visits, trips, or vacations;
and
(f) notify promptly a client's
parent or guardian of any significant incident, or change in a client's
condition including, serious illness, accident, death, abuse, or unauthorized
absence.
(4) The licensee shall develop and implement written policies and procedures that:
(a) prohibit mistreatment, neglect, or abuse
of a client;
(b) prohibit the use
of physical, verbal, sexual, or psychological abuse, or punishment;
(c) prohibit punishing a client by
withholding food or hydration that contribute to a nutritionally adequate
diet;
(d) prohibit the employment
of individuals with a conviction or earlier employment history of child, client
abuse, spouse abuse, neglect, or mistreatment;
(e) ensure that each allegation of
mistreatment, neglect, or abuse, or injuries of unknown source, are reported
immediately to the administrator and to other officials in accordance with
Section 26B-6-202 through established
procedures;
(f) ensure there is
evidence that any alleged violations are thoroughly investigated and shall
prevent further potential abuse while the investigation is in progress;
and
(g) ensure the results of any
investigation are reported to the administrator or designated representative
and to other officials within five working days of the incident and, if the
alleged violation is verified, take appropriate corrective action.
Disclaimer: These regulations may not be the most recent version. Utah 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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