N.J. Admin. Code § 10:44C-3.4 - Enumeration of rights

Current through Register Vol. 54, No. 7, April 4, 2022

(a) The provision of services and support shall demonstrate recognition that persons with head injuries have the same rights as all other citizens.
1. A person's exercise of his or her rights shall not be prohibited or be used as a cause for retribution against him or her.
(b) Each person served shall further be afforded the following rights and freedoms while living in a community residence for persons with head injuries:
1. A safe, clean place to live and a lifestyle like other New Jersey residents;
2. Privacy and respect;
3. Physical exercise and the opportunity to practice personal health care;
4. Keep and use his or her own clothes, money and personal things, and to have a place to put them that no one else may use;
5. Associate with members of either gender;
6. Practice the religion of his or her choice, or choose not to practice any religion;
7. Send and receive mail without it being opened or read by other people and to have help, if he or she wants it, in reading or writing letters;
8. Make or receive private telephone calls during set times, unless the person served has a personal telephone, in which private telephone calls shall not be restricted unless otherwise determined by the TDT;
9. Have a healthy diet;
10. Have a voice in matters that affect him or her;
11. Have visitors of his or her choice during set times;
12. Work with pay that is a commensurate wage or otherwise appropriate for the type or work he or she does and how well he or she does it;
13. Request release from a program or transfer to another program;
14. Register and vote in all elections;
15. Share in developing his or her "Individual Treatment Plan" (ITP) designed specifically for him or her and to help decide what kinds of programs would be best for him or her in that plan;
16. Have his or her ITP and all records about him or her kept confidential, unless the person or the person's legal guardian says that someone else may see them;
17. Be free from any restrictions of appropriate movement or behavior;
18. Receive special therapy services, if they will help him or her;
19. Receive guardianship services, if the person served needs them and if the person served is an adult;
20. Receive regular medical, dental and nursing care in order to stay in good health and to receive prompt treatment of any health problem;
21. Be informed of the condition of his or her health and to be able to contact his or her physician or advanced practice nurse;
22. Be free from unnecessary medical tests or treatment;
23. Be free from physical restraint unless in an emergency; and
24. Be free from physical punishment, abuse, neglect and exploitation.
(c) The licensee shall ensure that staff are familiar with and observe the rights enumerated in (b) above.
1. The licensee shall assure that a copy of the rights identified at (b) above is available at each residence licensed under this chapter.
(d) Persons served shall receive training and support in order to understand options, make choices and exercise rights and responsibilities.
1. The exercise of rights shall not necessarily be limited even when a person served has a guardian or interested family.


N.J. Admin. Code § 10:44C-3.4
Amended by 49 N.J.R. 259(a), effective 2/6/2017

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