Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 15 - Consumer Rights › Subchapter 3 - Consumer Rights › Part 11 - RESIDENT RIGHTS, MENTAL HEALTH RESIDENTIAL CARE FACILITIES › Section 450:15-3-81 - Resident rights

Current through Vol. 41, No. 20, July 1, 2024
(a) Each resident
				  shall have and enjoy all constitutional and statutory rights of all citizens of
				  the State of Oklahoma and the United States, unless abridged by due process of
				  law by a court of competent jurisdiction. Each facility shall insure each
				  resident has the rights specified as follows.
(1) Each resident has the right to be treated
				  with respect and dignity. This shall be construed to protect and promote human
				  dignity and respect for individual dignity.
(2) Each resident has the right to a safe,
				  sanitary, and humane living environment.
(3) Each resident has the right to a humane
				  psychological environment protecting them from harm, abuse, and
				  neglect.
(4) Each resident has the
				  right to an environment which provides reasonable privacy, promotes personal
				  dignity, and provides opportunity for the client to improve his or her
				  functioning.
(5) Each resident has
				  the right to receive services suited to his or her condition and needs for
				  treatment without regard to his or her race, religion, gender, ethnic origin,
				  age, degree of disability, handicapping condition, legal status, sexual
				  orientation.
(6) Each resident, on
				  admission, has the absolute right to communicate his or her change of address
				  with a relative, friend, clergy, or attorney, by telephone or mail.
(7) Each resident shall have and retain the
				  right to confidential communication with an attorney, personal physician, the
				  ODMHSAS Office of Consumer Advocacy, the ODMHSAS Office of Inspector General,
				  or clergy. This right shall not be restricted by the facility.
(8) Each resident has the right to
				  uncensored, private communications including, but not limited to, letters,
				  telephone calls, and personal visits. Copies of any personal letter, sent or
				  received, by a resident shall not be kept in his or her clinical
				  record.
(9) No resident shall ever
				  be mistreated, maltreated, or otherwise abused by staff, visitors, or other
				  consumers.
(10) Each resident has
				  the right to easy access to his or her personal funds on deposit with the
				  facility, and shall be entitled to an accounting for said funds.
(11) Each resident has the right to have his
				  or her own clothing and personal possessions.
(12) Each resident shall have the right to
				  practice his or her own religious beliefs, and afforded the opportunity for
				  religious worship. No client shall ever be coerced into engaging in, or
				  refraining from, any personal religious activity, practice, or
				  belief.
(13) The records of each
				  resident shall be treated in a confidential manner.
(14) Each resident has the right to refuse to
				  participate in any research project or medical experiment without informed
				  consent of the resident, as defined by law. A refusal to participate shall not
				  affect the services available to the resident.
(15) A resident may voluntarily participate
				  in work therapy, and shall be paid just compensation for such participation.
				  However, each resident is responsible for personal care and housekeeping tasks
				  without compensation.
(16) The
				  community residential mental health facility shall provide residents who are
				  leaving at the request of the community residential mental health facility all
				  funds and property belonging to him or her at the time of his or her
				  departure.
(17) Each resident shall
				  have the right to establish and to participate in a resident committee or
				  resident government.
(18) Each
				  resident has the right to assert grievances with respect to any alleged
				  infringement of these stated rights of residents, or any other subsequently
				  statutorily granted rights.
(19) No
				  resident shall ever be retaliated against, or subject to, any adverse
				  conditions because of having asserted his or her rights as stated in this
				  Section.
(20) Most rights may be
				  limited by the treatment team for therapeutic reasons, including safety of the
				  consumer or other consumers and staff in the facility. These limitations must
				  be documented in the clinical record, reviewed frequently, and shall not be
				  limited for purposes of punishment, staff convenience, or in retaliation for a
				  consumer exercising any of his/her rights.