1. Clients,
prospective clients, and/or legally responsible others shall be informed of
client rights at admission. A Clients
Rights and Responsibilities form will be given and signed at intake to
guarantee the client’s awareness of his/her relationship to the Agency. This will be part of the clinical record.
2. The Agency
shall post a written statement of clients’ rights in public areas of the
Agency. A copy shall be available to the
clients upon request.
3. The
statement of client rights shall include at least:
(1) In addition
to all applicable statutory and constitutional rights, every individual
receiving services has the right to:
(a) Choose from services and supports that are consistent
with the assessment and service plan, 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 treated with dignity and respect;
(c) Participate in the development of a written service
plan, receive services consistent with that plan and participate in periodic
review and reassessment of service and support needs, assist in the development
of the plan, and receive a copy of the written service plan;
(d) Have all services explained, including expected outcomes
and possible risks;
(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) Give informed consent in writing prior to the start of
services, except in a medical emergency or as otherwise permitted by law. Minor
children may give informed consent to services in the following circumstances:
(A) Under age 18 and lawfully married;
(B) Age 16 or older and legally emancipated by the court; or
(C) Age 14 or older for outpatient services only. For
purposes of informed consent, outpatient service does not include service
provided in residential programs or in day or partial hospitalization programs.
(g) Inspect their service record in accordance with ORS
179.505;
(h) Refuse participation in experimentation;
(i) Receive medication specific to the individual’s
diagnosed clinical needs, including medications used to treat opioid
dependence;
(j) Receive prior notice of transfer, unless the
circumstances necessitating transfer pose a threat to health and safety;
(k) Be free from abuse or neglect and to report any incident
of abuse or neglect without being subject to retaliation;
(l) Have religious freedom;
(m) Be free from seclusion and restraint;
(n) Be informed at the start of services and periodically
thereafter of the rights guaranteed by this rule;
(o) 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;
(p) Have family and guardian involvement in service planning
and delivery;
(q) Have an opportunity to make a declaration for mental
health treatment, when legally an adult;
(r) File grievances, including appealing decisions resulting
from the grievance;
(s) Exercise all rights set forth in ORS 109.610 through
109.697 if the individual is a child, as defined by these rules;
(t) Exercise all rights set forth in ORS 426.385 if the
individual is committed to the Authority; and
(u) Exercise all rights described in this rule without any
form of reprisal or punishment.
(2) The provider shall 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 shall 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 shall be explained
to the individual, and if applicable the guardian; and
(c) Individual rights shall be posted in writing in a common area.
Statutory/Other Authority: ORS 161.390, 413.042, 430.256,
426.495, 430.640 & 443.450
Statutes/Other Implemented: ORS 109.675, 161.390 - 161.400,
179.505, 413.520 - 413.522, 426.380- 426.395, 426.490 - 426.500, 428.205 -
428.270, 430.010, 430.205 - 430.210, 430.254 - 430.640, 430.850 - 430.955,
443.400 - 443.460 & 743A.168