Section 400.1409. Resident rights; licensee responsibilities.

Rule 9. (1) Upon a resident's admission to the home, the licensee shall inform and explain  to   the  resident  or  the   resident's  designated representative all of the following resident rights:

(a)   The right to be free from discrimination against  the  provision  of services on the basis of race, religion, color, national origin, sex, age, handicap, marital status, or source of payment.

(b)   The right to exercise his or her  constitutional  rights,  including the right to vote, the right to practice the religion of his or her choice, the right to freedom of movement, and  the  right   of   freedom  of association.

(c)   The right to refuse participation in religious practices.

(d)   The right to write, send, and receive uncensored and unopened mail at his or her own expense.

(e)         The right  of  reasonable   access  to  a  telephone  for   private communications. A licensee  may  charge  a  resident  for  long  distance telephone calls. A pay telephone shall not be considered as  meeting  this requirement.

(f)    The right to voice grievances and present recommendations pertaining to the policies and services of the home without fear of retaliation. A resident shall be informed of the home's complaint process.

(g)        The right to associate and  have  private  communications  and consultations with his or her physician, attorney, or any other person of his or her choice.

(h)    The right to participate in the activities of social, religious, and community groups at his or her own discretion.

(i)    The right to use the services of advocacy agencies and to attend other community services of his or her choice.

(j)   The right of reasonable access to and use of his or her personal clothing and belongings.

(k)   The right to have contact with relatives and  friends  and   receive visitors in the home at a reasonable time.

(l)   The right to employ the services of a  physician,  psychiatrist,   or dentist of his or her choice for obtaining medical,  psychiatric, or dental services.

(m)   The right to refuse treatment and services, including the taking of medication, and to be made aware of the consequences of that refusal.

(n)   The right to request and receive assistance from the responsible agency in relocating to another living situation.

(o)   The right to be treated with consideration  and  respect,  with   due recognition of personal dignity, individuality, and the need for  privacy.

(p)   The right of access to his or her room at his or her own discretion.

(2) A licensee shall provide the resident and the resident's designated representative with a written copy of the rights outlined in subrule (1) of this rule upon a resident's admission to the home.

History: 1984 AACS.