Section 325.14304. Recipient rights generally.

(1) A recipient shall not be denied appropriate service on the basis of race, color, national origin, religion, sex, age, mental or physical handicap, marital status, sexual  preference,  or   political beliefs.

(2)   The admission of a recipient to a treatment program or receipt of prevention services shall not result in the recipient being deprived of any rights, privileges, or benefits which are guaranteed to individuals by state or federal law or by the state or federal constitutions.

(3)   A recipient may present grievances or suggest changes in program policies and services to the program staff, to governmental officials, or to another person within or outside the program. In this process, the program shall not in any way restrain the recipient.

(4)   A recipient has the right to review, copy, or receive a summary of his or her program records, unless, in the judgment of the program director, such action will be detrimental to the recipient  or  to  others for either of the following reasons:

(a)      Granting the request for disclosure will cause substantial harm to the relationship between the recipient and the program or to the program's capacity  to provide services in general.

(b)   Granting the request for disclosure will cause substantial harm to the recipient.

If the program director determines that such action will be detrimental, the recipient is allowed to review nondetrimental portions of the record or a summary of the nondetrimental portions of the record. If a recipient is denied the right to review all or part of his or her record, the reason for the denial shall be stated to the recipient. An explanation of what portions of the record are detrimental and for  what  reasons,  shall be stated in the client record and shall be signed by the program director.

(5)   A program staff member shall not physically or mentally abuse or neglect or sexually abuse a recipient.

(6)   A recipient has the right to review a written fee schedule in programs where recipients are charged for services. Policies on  fees  and any revisions thereto shall be

approved  by  the  governing   authority  of    the  program  and  shall  be  recorded  in  the administrative record of the program.

(7)   A recipient is entitled to receive an explanation of his or  her bill, regardless of the source of payment.

(8)   A recipient has the right to information concerning any experimental or research procedure proposed as a part of his or  her  treatment  or prevention services and has the right to refuse to participate  in   the experiment   or  research  without  jeopardizing his or her continuing services. A program shall  comply  with  state  and  federal rules and regulations concerning research which involves human subjects.

History: 1981 AACS.