Current through Register Vol. 24-18, September 15, 2024
(1) Each
behavioral health agency must protect and promote individual participant rights
applicable to the services the agency is certified to provide in compliance
with this chapter, and chapters 70.41, 71.05, 71.12, 71.24, and 71.34 RCW, as
applicable.
(2) Each agency must
develop a statement of individual participant rights applicable to the services
the agency is certified to provide, to ensure an individual's rights are
protected in compliance with chapters 70.41, 71.05, 71.12, 71.24, and 71.34
RCW, as applicable. To the extent that the rights set out in those chapters do
not specifically address the rights in this subsection or are not applicable to
all of the agency's services, the agency must develop a general statement of
individual participant rights that incorporates at a minimum the following
statements.
"You have the right to:"
(a) Receive services without regard to race,
creed, national origin, religion, gender, sexual orientation, age or
disability;
(b) Practice the
religion of choice as long as the practice does not infringe on the rights and
treatment of others or the treatment service. Individual participants have the
right to refuse participation in any religious practice;
(c) Be reasonably accommodated in case of
sensory or physical disability, limited ability to communicate, limited-English
proficiency, and cultural differences;
(d) Be treated with respect, dignity and
privacy, except that staff may conduct reasonable searches to detect and
prevent possession or use of contraband on the premises or to address risk of
harm to the individual or others. "Reasonable" is defined as minimally invasive
searches to detect contraband or invasive searches only upon the initial intake
process or if there is reasonable suspicion of possession of contraband or the
presence of other risk that could be used to cause harm to self or
others;
(e) Be free of any sexual
harassment;
(f) Be free of
exploitation, including physical and financial exploitation;
(g) Have all clinical and personal
information treated in accord with state and federal confidentiality
regulations;
(h) Participate in the
development of your individual service plan and receive a copy of the plan if
desired;
(i) Make a mental health
advance directive consistent with chapter 71.32 RCW;
(j) Review your individual service record in
the presence of the administrator or designee and be given an opportunity to
request amendments or corrections; and
(k) Submit a report to the department when
you feel the agency has violated your rights or a WAC requirement regulating
behavioral health agencies.
(3) Each agency must ensure the applicable
individual participant rights described in subsections (1) and (2) of this
section are:
(a) Provided in writing to each
individual on or before admission;
(b) Available in alternative formats for
individuals who are visually impaired;
(c) Translated to the most commonly used
languages in the agency's service area;
(d) Posted in public areas; and
(e) Available to any participant upon
request.
(4) At the time
of admission and upon client request, the agency must provide each client with
information on how to file a report to the department if they feel their rights
or requirements of this chapter have been violated.
