Section 325.14302. Policy and procedures.

(1) A program shall, by a formal vote of the governing authority, adopt official written policies and procedures to assure compliance with recipient rights rules and procedures. Copies of  the recipient rights policies and procedures and any revisions thereto shall be submitted with the annual licensing renewal  application or with the initial license application for transmittal to the office recipient rights coordinator.

(2)   The recipient rights policies and procedures shall be reviewed at least annually by the governing authority to consider any revisions that might be necessary. Such review and approval shall become a  part  of the administrative record of the program.

(3)    The recipient rights policies and procedures shall meet all of the following requirements:

(a)    Require the program director to designate a staff member to function as the program rights advisor who shall do all of the following:

(i)   Attend training offered by the office concerning recipient rights procedures.

(ii)       Receive and investigate all recipient rights complaints independent of interference or reprisal from the program administration.

(iii)       Communicate directly  with   the  coordinating   agency  rights consultant when necessary.

Where staffing permits, the program rights advisor shall not be a provider of counseling services.

(b)    Outline the method of filling recipient requests to review, copy, or receive a summary of recipient treatment or prevention service case records.

(c)    Provide simple mechanisms for notifying recipients of their rights, reporting apparent rights  violations,  determining  whether  in  fact violations have occurred, and for ensuring that firm, consistent, and fair remedial action is taken in the event of a violation of these rules.

(4)    Copies of recipient rights policies and procedures shall be provided to each member of the program staff. Each staff member of the program shall review the policies and procedures and shall sign a form provided by the office which indicates that he or she understands, and shall abide by,

the policies and procedures. The form shall be explained to the staff by the program director. A signed copy shall be maintained in the staff personnel file and a signed copy shall be retained by the staff member.

(5)    A treatment program may choose to restrict specific rights  of  a recipient based on the program policies and procedures.  For  example, program policy may call for restricted access to money or visitors during the initial stage of treatment. Such restrictions are permissible only under all of the following conditions:

(a)   The written policies and procedures developed by the program shall describe what rights are to be restricted, for what therapeutic purpose, and for what period of time.

(b)    Further individual limitation of rights shall be based on individual treatment plans which are approved by the program director and which are included in the client's case record. These limitations shall not be for more than 30 days without being renewed in writing in the case record. Such documentation shall be written by the program staff member who is designated in the treatment plan as having major responsibility for implementing the plan and shall be co-signed by the program director.

(c)   The provisions for restrictions and limitations on recipient rights outlined in this subrule shall not be construed to permit any abuse or neglect as defined in these rules.

(6)   As part of the admission procedure to a program, a recipient shall receive all of the following:

(a)    If incapacitated, receive the procedures described in this subrule as soon as feasible, but not more than 72  hours  after  admission to an approved service program.

(b)   A written description of the rights of recipients of substance abuse services.

(c)   A written description of any restrictions of the rights based on program policy.

(d)    An oral explanation of the rights in language which is understood by the recipient.

(e)   A form approved by the office which indicates that the recipient understands the rights and consents to specific restrictions of rights based on program policy. The recipient shall sign this form. One copy of the form shall be provided to the client and 1 copy shall become a part of the client's record.

(7)    A recipient of prevention services shall be notified of his or her rights by a notation on any program announcement, brochure, or other written communication that describes the program services to recipients or to the general public. Such notification shall state the following: "Recipients of substance abuse services have rights protected by state and federal law and promulgated rules. For information, contact (staff name, address, phone) or the Center for Substance Abuse Services, Recipient Rights Coordinator, P.O. Box 30035, 3500 North Martin Luther King, Jr. Blvd., Lansing, Michigan 48909."

(8)   When a prevention service maintains case records that include the recipient's name and information about the recipient's substance use or abuse, the recipient shall be provided with the notification in subrule (7) of this rule and a summary of specific rights. Phone callers shall be informed that a summary of recipient rights will  be  mailed to them on request if such records are maintained.

(9)   Rights of recipients shall be displayed on a poster provided by the office in a public area of all licensed programs. The poster shall indicate the program rights advisor's name and phone number.

(10)   The administrator of the office, with approval of the coordinating agency, shall designate a staff member of a local coordinating agency to act as the coordinating agency recipient rights consultant. The designation shall be renewed annually. The coordinating agency recipient rights consultant shall conduct recipient rights activities according  to procedures outlined by the office.

History: 1981 AACS.