W. Va. Code R. § 64-74-8 - Right to Refuse Treatment
8.1. As a participant in the program planning
process, a consumer has the right to object to or refuse any aspect of the
individualized program plan or treatment plan.
8.2. If informal discussion and negotiation
do not resolve differences, a consumer's right to object to or refuse treatment
shall be recognized as legitimate, and shall be responded to in accordance with
the provisions of the behavioral health service's consumer grievance
procedure.
8.3. A consumer who has
refused psychotropic medications or other recommended therapy has the right to
have an agreed-upon effective alternative treatment offered, and it shall be
provided if the consumer consents and if within the scope of the behavioral
health service's practice.
8.4. A
consumer has the right to orally refuse medication or other treatment that
overrides prior written consent, except in emergency situations in which it is
documented that the absence of medication or other treatment would be harmful
to the consumer or others.
Notes
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