Section 325.14305. Treatment programs; specific rights; fingerprints.

Rule 305. (1) A recipient shall participate in the development of his or her treatment

plan.

(2)     A  recipient   has  the  right  to  refuse  treatment   and  to  be  informed    of  the

consequences of that refusal. When a refusal of treatment prevents a program from providing services according to ethical and professional standards, the relationship with the  recipient  may  be terminated  upon reasonable notice.

(3)   A recipient shall be informed if a program has a policy for discharging recipients who fail to comply with program rules and shall receive, at admission and thereafter upon request, a notification form that includes written procedures which explain all of the following:

(a)   The types of infractions that can lead to discharge.

(b)   Who has the authority to discharge recipients.

(c)   How and in what situations prior notification is to be given to the recipient who is being considered for discharge.

(d)  The mechanism for review or appeal of a discharge decision.

A copy of the notification form signed by  the  recipient  shall   be maintained in the recipient's case file.

(4)   A recipient shall have the  benefits,   side  effects,  and  risks associated with the use of any drugs fully explained in language which is understood by the recipient.

(5)   A recipient has the right to give prior informed consent, consistent with federal confidentiality regulations, for the use and future disposition of products of special observation and audiovisual techniques, such as 1-way vision mirrors, tape recorders, television, movies, or photographs.

(6)   Fingerprints may be taken and used in connection with treatment or research or to determine the name of a recipient only if expressed written consent has been obtained from the recipient. Fingerprints shall be kept as a separate part of the recipient's records and shall be destroyed or returned to the recipient when the fingerprints are no longer essential to treatment or research.

History: 1981 AACS.