Haw. Code R. § 11-175-59 - Right to be informed of rights at time of admission

(a) Psychiatric facilities and residential treatment facilities shall:

(1) Provide the consumer and the consumer's legal guardian, or attorney-in-fact, if any, a copy of a summary of consumers' rights either on admission or no later than at the time consent to the initial treatment plan is obtained;

(2) Place in the consumer's clinical record an acknowledgment of receipt of the summary of rights signed by the consumer or the consumer's legal guardian or attorney-in-fact;

(3) Post a summary of consumers' rights in an area easily accessible to consumers;

(4) Verbally explain the consumer's rights to the consumer or the consumer's legal guardian or attorney-in-fact, if any, in an understandable manner, except:

(A) If a consumer is temporarily unable to understand because of mental disability or intoxication, documentation in the clinical record shall include why the explanation was not provided;

(B) Provide an explanation as soon as the consumer's ability to understand is regained, but no less than two weeks from the time of admission and every 60 days thereafter, as necessary; and

(C) Document in the clinical record when these explanations occur; or

(D) If a consumer is not expected to regain the ability to understand, documentation in the clinical record shall include justification for not providing an explanation.

(5) Provide staff members who have contact with consumers a copy of a summary of consumers' rights, inform them, of their responsibility to protect consumers' rights, and require a signed statement acknowledging receipt of the summary;

(6) Before voluntary admission to a psychiatric facility or residential, treatment facility, inform the potential consumer of any limitation, restriction or withholding of rights which is part of the treatment program offered and obtain a signed agreement to this condition of participation.

(b) Unless withheld or removed by a court or by law, no right shall be limited, restricted, removed or denied a consumer unless;

(1) There is a life threatening emergency;

(2) There is an administrative rule which specifies the basis for limitation of the right; or

(3) There is a policy and procedure which specifies the basis for limitation of a right and which is adopted pursuant to Hawaii Revised Statutes and applicable administrative rules.

(c) When a right of the consumer is individually limited:

(1) The consumer shall be informed of the limitation, the reason for it, and its duration; and

(2) The limitation shall be documented in the clinical record, including justification for the limitation, a time limit not to exceed one week unless specifically authorized by the facility administrator, and when and who explained the limitation for the consumer.

Notes

Haw. Code R. § 11-175-59

[Eff. and comp DEC 30 1988; Comp OCT 19 2007] (Auth: HRS § 321-9) (Imp: HRS § 334-2)