55 Pa. Code § 6400.32 - Rights of the individual
(a) An
individual may not be discriminated against because of race, color, creed,
disability, religious affiliation, ancestry, gender, gender identity, sexual
orientation, national origin or age.
(b) An individual has the right to civil and
legal rights afforded by law, including the right to vote, speak freely,
practice the religion of the individual's choice and practice no
religion.
(c) An individual may not
be abused, neglected, mistreated, exploited, abandoned or subjected to corporal
punishment.
(d) An individual shall
be treated with dignity and respect.
(e) An individual has the right to make
choices and accept risks.
(f) An
individual has the right to refuse to participate in activities and
services.
(g) An individual has the
right to control the individual's own schedule and activities.
(h) An individual has the right to privacy of
person and possessions.
(i) An
individual has the right of access to and security of the individual's
possessions.
(j) An individual has
the right to voice concerns about the services the individual
receives.
(k) An individual has the
right to participate in the development and implementation of the individual
plan.
(l) An individual has the
right to receive scheduled and unscheduled visitors, and to communicate and
meet privately with whom the individual chooses, at any time.
(m) An individual has the right to
unrestricted access to send and receive mail and other forms of communications,
unopened and unread by others, including the right to share contact information
with whom the individual chooses.
(n) An individual has the right to
unrestricted and private access to telecommunications.
(o) An individual has the right to manage and
access the individual's finances.
(p) An individual has the right to choose
persons with whom to share a bedroom.
(q) An individual has the right to furnish
and decorate the individual's bedroom and the common areas of the home in
accordance with §
6400.33 (relating to negotiation
of choices).
(r) An individual has
the right to lock the individual's bedroom door.
(1) Locking may be provided by a key, access
card, keypad code or other entry mechanism accessible to the individual to
permit the individual to lock and unlock the door.
(2) Access to an individual's bedroom shall
be provided only in a life-safety emergency or with the express permission of
the individual for each incidence of access.
(3) Assistive technology shall be provided as
needed to allow the individual to lock and unlock the door without
assistance.
(4) The locking
mechanism shall allow easy and immediate access by the individual and staff
persons in the event of an emergency.
(5) Direct service workers who provide
services to the individual shall have the key or entry device to lock and
unlock the door.
(s) An
individual has the right to have a key, access card, keypad code or other entry
mechanism to lock and unlock an entrance door of the home.
(1) Assistive technology shall be provided as
needed to allow the individual to lock and unlock the door without
assistance.
(2) The locking
mechanism shall allow easy and immediate access by the individual and staff
persons in the event of an emergency.
(3) Direct service workers who provide
services to the individual shall have the key or entry device to lock and
unlock the door.
(t) An
individual has the right to access food at any time.
(u) An individual has the right to make
health care decisions.
(v) An
individual's rights may only be modified in accordance with §
6400.185 (relating to content of
the individual plan) to the extent necessary to mitigate a significant health
and safety risk to the individual or others.
Notes
The provisions of this § 6400.32 amended under sections 201(2), 403(b), 403.1(a) and (b), 911 and 1021 of the Human Services Code (62 P.S. §§ 201(2), 403(b), 403.1(a) and (b), 911 and 1021); and section 201(2) of the Mental Health and Intellectual Disability Act of 1966 (50 P.S. § 4201(2)).
This section cited in 55 Pa. Code § 6400.31 (relating to exercise of rights).
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