Kansas Administrative Regulations › Agency 30 - KANSAS DEPARTMENT FOR CHILDREN AND FAMILIES › Article 60 - LICENSING OF COMMUNITY MENTAL HEALTH CENTERS › Section 30-60-50 - Statement of rights; distribution; adherence to

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each center
			 shall publish and make available at the center, at the principal place of
			 business of each affiliated provider with which the center has an affiliation
			 agreement, and at other appropriate locations a written statement of the rights
			 of consumers.
(b) Each consumer
			 receiving services from any licensee providing services within the center's
			 service area shall be given a copy of this statement during intake or at the
			 consumer's first appointment, and again at least annually thereafter. Staff
			 shall provide oral or other appropriate explanations that may be required to
			 assist the consumer in understanding the consumer's rights. Delivery of this
			 statement and the provision of any necessary explanations to each consumer
			 shall be documented in that consumer's clinical record required by K.A.R.
			 30-60-46.
(c) This statement of
			 rights shall contain information that lists the following rights, at a minimum:
(1) The right of the consumer to always be
			 treated with dignity and respect, and not to be subjected to any verbal or
			 physical abuse or exploitation;
(2) the right of the consumer not to be
			 subjected to the use of any type of treatment, technique, intervention, or
			 practice, including the use of any type of restraint or seclusion, performed
			 solely as a means of coercion, discipline, or retaliation, or for the
			 convenience of staff or any volunteer or contractor;
(3) the right of the consumer to receive
			 treatment in the least restrictive, most appropriate manner;
(4) the right of the consumer to an
			 explanation of the potential benefits and any known side effects or other risks
			 associated with all medications that are prescribed for the consumer;
(5) the right of the consumer to
			 an explanation of the potential benefits and any known adverse consequences or
			 risks associated with any type of treatment that is not included in paragraph
			 (c)(4) and that is included in the consumer's treatment plan;
(6) the right of the consumer to be provided
			 with information about other clinically appropriate medications and alternative
			 treatments, even if these medications or treatments are not the recommended
			 choice of that consumer's treating professional;
(7) the right of a consumer voluntarily
			 receiving treatment to refuse any treatments or medications to which that
			 consumer has not consented, in compliance with the consumer's rights;
(8) the right of a consumer
			 involuntarily receiving treatment pursuant to any court order to be informed
			 that there may be consequences to the consumer if the consumer fails or refuses
			 to comply with the provisions of the treatment plan or to take any prescribed
			 medication;
(9) the right of the
			 consumer to refuse to take any experimental medication or to participate in any
			 experimental treatment or research project, and the right not to be forced or
			 subjected to this medication or treatment without the consumer's knowledge and
			 express consent, given in compliance with the consumer's rights, or as
			 consented to by the consumer's guardian when the guardian has the proper
			 authority to consent to this medication or treatment on the consumer's behalf;
(10) the right of the consumer to
			 actively participate in the development of an individualized treatment plan,
			 including the right to request changes in the treatment services being provided
			 to the consumer, or to request that other staff members be assigned to provide
			 these services to the consumer;
(11) the right of the consumer to receive
			 treatment or other services from a licensee in conjunction with treatment or
			 other services obtained from other licensed mental health professionals or
			 providers who are not affiliated with or employed by that licensee, subject
			 only to any written conditions that the licensee may establish only to ensure
			 coordination of treatment or any services;
(12) the right of the consumer to be
			 accompanied or represented by an individual of consumer's own choice during all
			 contacts with the licensee. This right shall be subject to denial only upon
			 determination by professional staff that the accompaniment or representation
			 would compromise either that consumer's rights of confidentiality or the rights
			 of other individuals, would significantly interfere with that consumer's
			 treatment or that of other individuals, or would be unduly disruptive to the
			 licensee's operations;
(13) the
			 right of the consumer to see and review the clinical record maintained on that
			 consumer, unless the executive director of the licensee has determined that
			 specific portions of the record should not be disclosed. This determination
			 shall be accompanied by a written statement placed within the clinical record
			 required by K.A.R. 30-60-46, explaining why disclosure of that portion of the
			 record at this time would be injurious to the welfare of that consumer or to
			 others closely associated with that consumer;
(14) the right of the consumer to have staff
			 refrain from disclosing to anyone the fact that the consumer has previously
			 received or is currently receiving any type of mental health treatment or
			 services, or from disclosing or delivering to anyone any information or
			 material that the consumer has disclosed or provided to any staff member of the
			 licensee during any process of diagnosis or treatment. This right shall
			 automatically be claimed on behalf of the consumer by the licensee's staff
			 unless that consumer expressly waives the privilege, in writing, or unless
			 staff are required to do so by law or a proper court order;
(15) the right of the consumer to exercise
			 the consumer's rights by substitute means, including the use of advance
			 directives, a living will, a durable power of attorney for health care
			 decisions, or through springing powers provided for within a guardianship; and
(16) the right of the consumer to
			 at any time make a complaint in accordance with K.A.R. 30-60-51 concerning a
			 violation of any of the rights listed in this regulation or concerning any
			 other matter, and the right to be informed of the procedures and process for
			 making such a complaint.