Section 325.14306. Inpatient and residential programs; specific rights.  


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  • (1) A recipient has the right to associate and have private communications and consultations with his or her physician and attorney.

    (2)   A program shall post its policy concerning visitors in a public place.

    (3)    Unless contraindicated by program policy or individual treatment plan, a recipient is allowed visits from family members, friends,   and other persons of his or her choice at reasonable times, as determined by the program director or according to posted visitors' hours. A recipient shall be informed in writing of visitors' hours upon admission  to  the program.

    (4)   To protect the privacy of all other recipients, a program director shall ensure, to the extent reasonable and possible, that the visitors of recipients will only see or have contact with the  individual they have reason to visit.

    (5)    A recipient has the right to be free from physical and chemical restraints, except those authorized in writing by a physician for a specified and limited time. Written policies and procedures which  set forth the circumstances that require  the use of restraints and which designate the program personnel responsible for applying restraints shall be approved in writing by a physician and shall be adopted by the program governing authority. Restraints may be applied in an emergency to protect the recipient from injury to self or others. The restraint shall be applied by designated staff. Such action shall be reported to a physician immediately and shall be reduced to writing in the client record within 24 hours.

    (6)    A recipient has the right to be free from doing  work  which  the program would otherwise employ someone else to do, unless the work and the rationale for its therapeutic benefit are included in program policy or in the treatment plan for the recipient.

    (7)    A recipient has the right to a reasonable amount of personal storage space for clothing and other personal property. All such items shall be returned upon discharge.

    (8)   A recipient has the right to deposit money, earnings, or income in his or her name in an account with a commercial financial institution. A recipient has the right to get money from the account and to spend it or use it as he or she chooses, unless restricted by program policy or by the treatment plan for the recipient. A recipient has the right to receive all money or other belongings held for him or her by the program within  24 hours of discharge.

History: 1981 AACS.