Haw. Code R. § 11-175-39 - Right of freedom from reprisal

(a) Psychiatric facilities and residential treatment facilities are prohibited from retaliating either verbally or physically against consumers of services. Staff members shall:

(1) Report to the person responsible for a consumer's individualized treatment plan any unexpected, first time behavior by a consumer which is adverse to staff or others; and

(2) Address in the consumer's individualized treatment plan recurring behavior by a consumer which is aversive to staff or others.

(b) Any consequences which are unpleasant to a consumer but are designed as part of a treatment program or an individualized treatment plan shall not be considered as retaliation or reprisal if the program or plan has:

(1) Approval of the facility administrator; and

(2) Informed consent to the treatment proposed, except no such consent shall be required for consumers ordered by a court to undergo the particular treatment.

(c) A charge of assault or battery filed by a staff member as a result of aversive behavior by a consumer shall not be considered as retaliation or reprisal.

(d) A request that a consumer pay for damages or destruction caused by the consumer to property not belonging to the consumer shall not be considered as retaliation or reprisal.

Notes

Haw. Code R. § 11-175-39

[Eff. and comp DEC 1988; Comp OCT 19 2007] (Auth: HRS § 321-9) (Imp: HRS § 334E-2)