Tenn. Comp. R. & Regs. 0940-05-06-.06 - CLIENT RIGHTS IN ALL SERVICES AND FACILITIES

(1) The following rights shall be afforded to all clients by all licensees and are not subject to modification:

(a) Clients have the right to be fully informed before or upon admission about their rights and responsibilities and about any limitation on these rights imposed by rules of the facility. The facility must ensure that the client is given information about his or her rights that shall include at least the following:

1. A statement of the specific rights guaranteed the client by these rules and applicable state and federal laws;

2. A description of the facility's complaint and grievance procedures;

3. A listing of all available advocacy services;

4. A copy of all general facility rules and regulations for clients; and,

5. The information must be presented in a manner or format that promotes understanding by clients of their rights and an opportunity must be given to clients to ask questions about the information. If a client who is unable to understand this information at the time of admission later becomes able to do so, the information must be presented to the client at that time. If a client is likely to continue indefinitely to be unable to understand this information, the facility must promptly attempt to provide the required information to a parent, guardian, or other appropriate person or agency responsible for protecting the rights of the client;

(b) Clients have the right to voice grievances to staff of the facility, to the licensee, and to outside representatives of their choice with freedom from restraint, interference, coercion, discrimination or reprisal;

(c) Clients have the right to be treated with consideration, respect and full recognition of their dignity and individuality;

(d) Clients have the right to be protected by the licensee from neglect; from physical, verbal and emotional abuse (including corporal punishment); and from all forms of misappropriation and/or exploitation;

(e) Clients have the right to be assisted by the facility in the exercise of their civil rights;

(f) Clients have the right to be free of any requirement by the facility that they perform services which are ordinarily performed by facility staff;

(g) If residential services are provided, clients must be allowed to send personal mail unopened and to receive mail and packages which may be opened in the presence of staff when there is reason to believe that the contents thereof may be harmful to the client or others;

(h) Clients have the right to privacy while receiving services;

(i) Clients have the right to have their personal information kept confidential in accordance with state and federal confidentiality laws;

(j) Clients have the right to ask the facility to correct information in their records. If the facility refuses, the client may include a written statement in the records of the reasons they disagree;

(k) Clients have the right to be informed about their care in a language they understand; and,

(l) Clients have the right to vote, make contracts, buy or sell real estate or personal property, or sign documents, unless the law or a court removes these rights.

(2) The following rights must be afforded to all clients by all licensed facilities unless modified in accordance with rules 0940-05-06-.07 or 0940-05-06-.08:

(a) Clients have the right to participate in the development of the client's individual program or treatment plans and to receive sufficient information about proposed and alternative interventions and program goals to enable them to participate effectively;

(b) Clients have the right to participate fully, or to refuse to participate, in community activities including cultural, educational, religious, community services, vocational and recreational activities;

(c) If residential services are provided, clients must be allowed to have free use of common areas in the facility with due regard for privacy, personal possessions, and the rights of others;

(d) Clients have the right to be accorded privacy and freedom for the use of bathrooms when needed;

(e) Clients shall be permitted to retain and use personal clothing and appropriate possessions including books, pictures, games, toys, radios, arts and crafts materials, religious articles, toiletries, jewelry and letters;

(f) If residential services are provided and if married clients reside in the facility, privacy for visits by spouses must be ensured, and if both spouses are clients residing in the facility, they must be permitted to share a room;

(g) If residential services are provided, clients have the right to associate and communicate privately with persons of their choice including receiving visitors at reasonable hours; and,

(h) If residential services are provided, persons supported have the right to be given privacy and freedom in the use of their bedroom/sleeping area.

Notes

Tenn. Comp. R. & Regs. 0940-05-06-.06

Original rule filed May 26, 1988; effective July 11, 1988. Amendment filed May 28, 2010; to have been effective August 26, 2010. Stay of amendment filed by the Tennessee Department of Mental Health and Developmental Disabilities on July 21, 2010; new effective date November 9, 2010. Withdrawal of amendment filed August 2, 2010. Amendment filed August 30, 2010; to have been effective January 29, 2011. Stay of amendment filed by the Tennessee Department of Mental Health and Developmental Disabilities on January 29, 2011; new effective date March 7, 2011. Withdrawal of amendment filed by the Department of Mental Health and Developmental Disabilities on February 25, 2011. Repeal and new rules filed November 30, 2016; effective 2/28/2017.

Authority: T.C.A. §§ 4-4-103, 33-1-302, 33-1-305, 33-1-309, 33-2-301, 33-2-302, 33-2-404, 33-2-405, 33-2-407, 33-2-504, and 33-3-113.