Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part THREE - DEPARTMENT OF MENTAL HEALTH LICENSEES, BUREAU OF HEALTH CARE SAFETY AND QUALITY LICENSEES, AND AGENCIES OF THE COMMONWEALTH › Section 164.579 - Patients' and Residents' Rights

Current through Register 1525, July 5, 2024
Licensed or Approved Providers that directly provide services
				  shall:
(A) Safeguard the legal and
				civil rights of each patient and resident at all times during treatment and
				throughout the discharge process. Each Licensed or Approved Provider shall
				adopt and maintain an updated set of rules, which set forth the
				responsibilities and the rights of patients and residents regarding treatment
				and discharge.
(B) Guarantee the
				patient or resident, at a minimum, the following rights:
(1) freedom from physical and psychological
				abuse;
(2) freedom from strip
				searches and body cavity searches;
(3) control over his or her bodily
				appearance; provided, however, on program premises, the Licensed or Approved
				Provider may prohibit attire and personal decoration which interfere with
				treatment;
(4) access to his or her
				patient or resident record in the presence of the administrator or designee
				unless there is a determination that access to parts of the record could cause
				harm to the patient or resident;
(5) the right to challenge information in his
				or her patient or resident record by inserting a statement of clarification or
				letter of correction signed by both the clinician and the patient or
				resident;
(6) the right to obtain a
				copy of the patient's or resident's records as specified in
				105 CMR
				164.083;
(7) the right to have the confidentiality of
				his or her records secured as required by
				105 CMR
				164.084;
(8) the right to terminate treatment at any
				time, except in the case of an individual committed to treatment under M.G.L.
				c. 123, § 35;
(9) freedom from
				coercion;
(10) treatment without
				regard to race, ethnicity, creed, national origin, religion, sex, sexual
				orientation, gender identity, ability to speak English, age, or
				disability;
(11) treatment in a
				manner sensitive to individual needs and which promotes dignity and
				self-respect;
(12) full disclosure
				regarding fee charged and, in residential rehabilitation programs, any patient
				or resident benefits to be contributed;
(13) the right to grieve actions or decisions
				of the Licensed or Approved Provider regarding the patient's or resident's
				treatment;
(14) freedom to practice
				his or her religious faith;
(15)
				the right to request referral to a facility which provides treatment in a
				manner to which the patient or resident has no religious objection;
(16) drug screens conducted in a manner which
				preserves the patient's or resident's dignity and, when the drug screen is by
				urine sample, accommodates any medically confirmed inability to give urine by
				providing for an alternate effective means of screening such as oral swab;
				and
(17) the right to contact the
				Department.