Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 15 - Consumer Rights › Subchapter 3 - Consumer Rights › Part 1 - MENTAL HEALTH AND DRUG OR ALCOHOL ABUSE SERVICES CONSUMER BILL OF RIGHTS › Section 450:15-3-27 - Synopsis of the bill of rights

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				  synopsis in (b) of this Section shall be used when an abbreviated format of OAC
				  450:15-3-6
				  through
				  450:15-3-25
				  is used to supply a consumer or others with an overview of the bill of rights.
				  The Synopsis of the bill of rights shall not substitute for, or replace a
				  facility's obligation to abide by the full listing of rights cited in this
				  Title. A copy of the synopsis shall be prominently posted in each consumer
				  treatment unit and in consumer admissions, visiting and public areas.
(b) Facilities with physical custody of a
				  consumer or where consumers remain for round-the-clock support or care, or
				  where the facility has immediate control over the setting where a consumer
				  resides, shall support and protect the fundamental human, civil, and
				  constitutional rights of the individual consumer. Each consumer has the right
				  to be treated with respect and dignity and will be provided the synopsis of the
				  Bill of Rights as listed below.
(1) Each
				  consumer shall retain all rights, benefits, and privileges guaranteed by law
				  except those lost through due process of law.
(2) Each consumer has the right to receive
				  services suited to his or her condition in a safe, sanitary and humane
				  treatment environment regardless of race, religion, gender, ethnicity, age,
				  degree of disability, handicapping condition, or sexual orientation.
(3) Each consumer, on admission, shall have
				  the absolute right to private uncensored communication with persons of his/her
				  choice by phone or mail, at the facility's expense if the consumer is indigent,
				  and by personal visit.
(4) Each
				  consumer retains the right of confidential communication with persons of
				  his/her choice. A consumer's right to contact the ODMHSAS Advocate's Office,
				  Inspector General's Office, their attorney, personal physician, or clergy shall
				  not be limited by the facility.
(5)
				  Each consumer is entitled to uncensored private communication (letter,
				  telephone, personal visits); such letters or copies of letters shall not be
				  kept in consumer treatment records.
(6) No consumer shall be subject to
				  maltreatment or otherwise abused by staff, visitors, or other
				  consumers.
(7) Each consumer shall
				  receive treatment in the least restrictive environment and have the maximum
				  freedom of movement consistent with his or her clinical condition and legal
				  status.
(8) Each consumer shall
				  have easy access to his or her personal funds deposited with the finance
				  office, and shall be entitled to an accounting.
(9) Each consumer may have his or her own
				  clothing and other personal possessions.
(10) Each consumer shall have the right to
				  practice his or her religious belief and be accorded the opportunity for
				  religious worship. No consumer shall be coerced into engaging in or refraining
				  from any religious activity, practice, or belief.
(11) Each consumer legally entitled to vote
				  shall be assisted to register and vote when they so request.
(12) Each consumer shall be provided with
				  prompt, competent, and appropriate treatment; and an individualized treatment
				  plan. A consumer shall participate in his or her treatment programs and may
				  consent or refuse to consent to the proposed treatment. The right to consent or
				  refuse to consent may be abridged for those consumers adjudged incompetent by a
				  court of competent jurisdiction and in emergency situations as defined by law.
				  Additionally, each consumer shall have the right to the following:
(A) Allow the guardian of the consumer and/or
				  another individual of the consumer's choice to participate in the consumer's
				  treatment and with the consumer's consent;
(B) To be free from unnecessary,
				  inappropriate, or excessive treatment;
(C) To participate in consumer's own
				  treatment planning;
(D) To receive
				  treatment for co-occurring disorders if present;
(E) To not be subject to unnecessary,
				  inappropriate, or unsafe termination from treatment; and
(F) To not be discharged for displaying
				  symptoms of the consumer's disorder.
(13) Every consumer's record shall be treated
				  in a confidential manner.
(14) No
				  consumer shall be required to participate in any research project or medical
				  experiment without his or her informed consent as defined by law. Refusal to
				  participate shall not affect the services available to the consumer.
(15) A consumer may voluntarily participate
				  in work therapy and must be paid fair compensation. However, each consumer is
				  responsible for personal housekeeping tasks without compensation.
(16) A consumer shall have the right to
				  assert grievances with respect to an alleged infringement on his or her
				  rights.
(17) Consumer shall be
				  permitted to establish and participate in a consumer committee or consumer
				  government by unit or facility wide.
(18) A consumer being discharged shall have
				  plans for outpatient treatment, sufficient medication, suitable clothing for
				  the season, housing information and referral, and if consumer permits, family
				  involvement in the plan.
(19) Each
				  consumer has the right to request the opinion of an outside medical or
				  psychiatric consultant at his or her own expense or a right to an internal
				  consultation upon request at no expense.
(20) No consumer shall be retaliated against
				  or subjected to any adverse change of conditions or treatment because the
				  consumer asserted his or her rights.
(21) 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.