Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 90 - Psychiatric Residential Treatment Facilities (under 21) › Subchapter E - Facility Operations › Section I-9071 - Resident Rights and Grievance Procedure [Formerly Section 9085]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Every resident
					 shall have the following rights, none of which shall be abridged by the PRTF or
					 any of its staff. The PRTF administrator shall be responsible for developing
					 and implementing policies to protect resident rights and to respond to
					 questions and grievances pertaining to resident rights. These rights shall
					 include at least the following:
1. every
					 resident, or his/her designated representative, shall whenever possible, be
					 informed of the resident's rights and responsibilities in advance of furnishing
					 or discontinuing resident care;
2.
					 the right to have a family member, chosen representative and/or his or her own
					 physician notified promptly of admission to the PRTF;
3. the right to receive treatment and medical
					 services without discrimination based on race, age, religion, national origin,
					 sex, sexual preferences, handicap, diagnosis, ability to pay or source of
					 payment;
4. the right to be treated
					 with consideration, respect and recognition of their individuality, including
					 the need for privacy in treatment;
5. the right to receive, as soon as possible,
					 the services of a translator or interpreter, if needed, to facilitate
					 communication between the resident and the PRTF's health care
					 personnel;
6. the right to
					 participate in the development and implementation of his/her plan of
					 care;
7. every resident or his/her
					 representative (as allowed by state law) has the right to make informed
					 decisions regarding his/her care;
8. the resident's rights include being
					 informed of his/her health status, and being involved in care planning and
					 treatment;
9. the right to be
					 included in experimental research only when he/she gives informed, written
					 consent to such participation, or when a guardian provides such consent for an
					 incompetent resident in accordance with appropriate laws and regulations. The
					 resident may refuse to participate in experimental research, including the
					 investigations of new drugs and medical devices;
10. the right to be informed if the PRTF has
					 authorized other health care and/or educational institutions to participate in
					 the resident's treatment. The resident shall also have a right to know the
					 identity and function of these institutions;
11. the right to be informed by the attending
					 physician and other providers of health care services about any continuing
					 health care requirements after the resident's discharge from the PRTF. The
					 resident shall also have the right to receive assistance from the physician and
					 appropriate PRTF staff in arranging for required follow-up care after
					 discharge;
12. the right to consult
					 freely and privately with his/her parent(s) or legal guardian(s);
13. the right to consult freely and privately
					 with legal counsel, as well as the right to employ legal counsel of his/her
					 choosing;
14. the right to make
					 complaints without fear of reprisal;
15. the opportunity for telephone
					 communication;
16. the right to
					 send and receive mail;
17. the
					 right to possess and use personal money and belongings, including personal
					 clothing, in accordance with the facility's policies;
18. the right to visit or be visited by
					 family and friends subject only to reasonable rules and to any specific
					 restrictions in the resident's treatment plan. Special restrictions shall be
					 imposed only to prevent serious harm to the resident. The reasons for any
					 special restrictions shall be recorded in the resident's treatment
					 plan;
19. the right to have the
					 individual resident's medical records, including all computerized medical
					 information, kept confidential;
20.
					 the right to access information contained in his/her medical records within a
					 reasonable time frame subject to the exception contained in §
													9035.
					 L.1 f;
21. the right to be free
					 from all forms of abuse and harassment;
22. the right to receive care in a safe
					 setting;
23. the right to be
					 informed in writing about the PRTF's policies and procedures for initiation,
					 review and resolution of resident complaints;
24. the provider shall ensure that each
					 resident has access to appropriate educational services consistent with the
					 resident's abilities and needs, taking into account his/her age and level of
					 functioning;
25. the provider shall
					 have a written description regarding the involvement of the resident in work
					 including:
a. a description of any unpaid
					 tasks required of the resident;
b.
					 a description of any paid work assignments including the pay scales for such
					 assignments;
c. a description of
					 the provider's approach to supervising work assignments;
d. assurance that the conditions and
					 compensation of such work are in compliance with applicable state and federal
					 laws;
e. all work assignments shall
					 be in accordance with the resident's treatment plan;
f. the provider shall assign as unpaid work
					 for the resident only housekeeping tasks similar to those performed in a normal
					 family home. Any other work assigned shall be compensated, at such rate and
					 under such conditions as the resident might reasonably be expected to receive
					 for similar work in outside employment;
26. every resident shall be permitted to
					 attend religious services in accordance with his/her faith. Residents shall not
					 be forced to attend religious services; and
27. in addition to the rights listed herein,
					 residents have the rights provided in the Louisiana Mental Health
					 Law.