La. Admin. Code tit. 48, § I-4239 - Statement of Rights
A. Each
participant shall be informed of his/her rights and responsibilities regarding
the ADHC center. The regulations of the ADHC center and all rules governing
participant conduct and behavior shall be fully explained to the participant.
Before or upon admission, the ADHC center shall provide a copy of the
participant rights document to each participant. A signed and dated
acknowledgment form shall be filed in each participant's record.
B. If the ADHC center changes its participant
rights policies, a signed and dated acknowledgment form shall be filed in each
participant's record.
C. The
center shall have a written policy on participant civil rights. This policy
shall give assurances that:
1. a
participant's civil rights are not abridged or abrogated solely as a result of
placement in the ADHC center's program; and
2. a participant is not denied admission,
segregated into programs or otherwise subjected to discrimination on the basis
of race, religion or ethnic background.
D. The participant rights document shall
include at least the following items:
1. the
right to be informed, in writing, of:
a. all
services available at the ADHC center;
b. the charges for those services;
and
c. the centers days and hours
of operation;
2. the
right to participate in each interdisciplinary staffing meeting and any other
meeting involving the care of the participant;
3. the right to refuse any service provided
in the ADHC center;
4. the right to
present complaints or recommend changes regarding the center's policies and
services to staff or to outside representatives without fear of restraint,
interference, coercion, discrimination or reprisal;
5. the right to be free from mental, physical
or verbal abuse;
6. the right to be
free from coercion; and
a. - d.
Repealed.
7. the right to
be free from restraints. ADHC centers are prohibited from the use of any
restraints;
8. the right to privacy
during the provision of personal needs services;
9. the right to communicate, associate, and
meet privately with individuals of his/her choice, unless this infringes on the
rights of another participant; and
10. the right not to be required to perform
services for the ADHC center, except when the performance of a specific service
is identified in the individualized service plan as an appropriate approach to
meeting a need or resolving a problem of the participant.
E. A friendly, supportive, comfortable, and
safe atmosphere shall be maintained at all times, and all participants shall be
treated equitably with respect, kindness, and patience.
F. Each participant shall be encouraged and
assisted to exercise his/her rights as a participant at the ADHC center and as
a citizen.
G. Devolution of
Participant Rights. If the participant rights have devolved to the personal
representative or next of kin, that party shall receive the explanation of and
sign the participant rights and any other documents described in these
standards. Under the following conditions, the ADHC center shall ensure that
participant rights devolve to the personal representative or next of kin.
1. The participant has been interdicted in a
court of law. In such cases, the ADHC center shall ensure that the
participant's rights devolve to the curator/curatrix of record. The ADHC center
shall obtain an official document verifying that the participant has indeed
been interdicted and the interdiction shall be documented on the inside front
cover of the participant's record.
Notes
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