New Jersey Administrative Code › Title 8 - HEALTH › Chapter 111 - FOOD AND DRUGS › Subchapter 17 - CLIENT RIGHTS › Section 8:111-17.2 - Rights of each client

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each client
				receiving services shall have:
1. The right to be
				informed of these rights, as evidenced by the client's written acknowledgment or by
				documentation by staff in the clinical record that the client was offered a written
				copy of these rights and given a written or verbal explanation of these rights in
				terms the client could understand;
2.
				The right to be notified of any rules and policies the facility has established
				governing client conduct in the facility;
3. The right to be informed of services available
				in the facility, the names and professional status of the staff providing and/or
				responsible for the client's care, fees and related charges, including the payment,
				fee, deposit and refund policy of the program, and any charges for services not
				covered by sources of third-party payment or the facility's basic rate.
i. Clients shall sign a form verifying that they
				have been advised of the facility's fee policies. This signed form shall be
				maintained on file with a copy provided to the client;
4. The right to be informed if the facility has
				authorized other health care and educational institutions to participate in his or
				her treatment, the identity and function of these institutions and the right to
				refuse to allow the participation of other institutions in his or her
				treatment;
5. The right to receive from
				his or her physicians or clinical practitioner(s) an explanation of his or her
				complete medical/health condition or diagnosis, recommended treatment, treatment
				options, including the option of no treatment, risks(s) of treatment, and expected
				result(s), in terms that he or she understands.
i.
				If this information would be detrimental to the client's health, or if the client is
				not capable of understanding the information, the explanation shall be provided to a
				family member, legal guardian or significant other, as available.
ii. Release of information to a family member,
				legal guardian or significant other, along with the reason for not informing the
				client directly, shall be documented in the client's clinical record.
iii. All consents to release information shall be
				signed by the client or for adolescents their parent, guardian or legally authorized
				representative. All consents to release information shall comply with Federal
				statutes and rules for the Confidentiality of Alcohol and Drug Abuse Client Records
				at
				42 U.S.C. §§
												290dd-2 and
				290ee-2,
				and 42 CFR Part 2 and the provisions of HIPAA;
6. The right to participate in the planning of his
				or her care and treatment, and to refuse medication and treatment.
i. A client's refusal of medication or treatment
				shall be verified by staff by way of the client's signature and documented as such
				in the client's clinical record;
7. The right to participate in experimental
				research only when the client gives informed, written consent to such participation,
				or when a guardian or legally authorized representative gives such consent for an
				incompetent client in accordance with law, rule and regulation;
8. The right to voice grievances or recommend
				changes in policies and services to program staff, the governing authority, and/or
				outside representatives of his or her choice either individually or as a group, free
				from restraint, interference, coercion, discrimination, or reprisal;
9. The right to be free from mental, sexual, and
				physical abuse, exploitation, coercive acts by staff and other clients and from the
				use of restraints unless restraints are authorized pursuant to N.J.A.C. 8.111-6.5.
i. A client's ordered medications shall not be
				withheld for failure to comply with facility rules or procedures, unless the
				decision is made to terminate the client in accordance with this chapter;
				medications may only be withheld when the facility medical staff determines that
				such action is medically indicated and the determination of such has been documented
				in the client's medical record and clinical record;
10. The right to confidential treatment of
				information about the client.
i. Information in
				the client's clinical record shall not be released to anyone outside the program
				without the client's written consent to release the information in accordance with
				Federal statutes and rules for the Confidentiality of Alcohol and Drug Abuse Client
				Records at
				42 U.S.C. §§
												290dd-2 and
				290ee-2
				and 42 CFR Part 2 and the provisions of the HIPAA, unless the release of the
				information is required and permitted by law, a third-party payment contract, a peer
				review or the information is needed by the Department for statutorily authorized
				purposes.
ii. The facility may release
				data about the client for studies containing aggregated statistics only when the
				client's identity is protected and de-identified;
11. The right to be treated with courtesy,
				consideration, respect, and with recognition of his or her dignity, individuality,
				and right to privacy, including, but not limited to, auditory and visual privacy.
i. The client's privacy also shall be respected
				when a facility and clinical staff are discussing the client with
				others;
12. The right to not
				be required to perform work for the facility, unless the work is part of the
				client's treatment, is performed voluntarily, the therapeutic benefit is documented
				in the treatment plan, and is otherwise in accordance with local, State and Federal
				laws and rules.
i. A client maintains the right to
				refuse to perform work for the facility even in those instances in which work
				activities are a part of the client's treatment and identified as such in the
				treatment plan;
13. The right
				to exercise civil and religious liberties, including the right to independent
				personal decisions.
i. No religious beliefs or
				practices, or any attendance at religious services, shall be imposed upon any
				client;
14. The right to not
				be discriminated against because of age, race, religion, sex, nationality, sexual
				orientation, disability (including, but not limited to, blind, deaf, hard of
				hearing) or ability to pay; or to be deprived of any constitutional, civil and/or
				legal rights;
15. The right to be
				transferred or discharged only for medical reasons, for the client's welfare, that
				of other clients or staff upon the written order of a physician or other licensed
				clinician or for failure to pay required fees as agreed at time of admission (except
				as prohibited by sources of third-party payment).
i. Transfers and discharges, and the reasons
				therefor, shall be documented in the client's clinical record.
ii. If a transfer or discharge on a non-emergency
				basis is planned by the facility, the client and his or her family shall be given at
				least 10 days advance notice of such transfer or discharge, except as otherwise
				provided for in this chapter;
16. The right to be notified in writing, and to
				have the opportunity to appeal, an involuntary discharge;
17. The right to have access to and obtain a copy
				of his or her clinical record, in accordance with the facility's policies and
				procedures and applicable Federal and State laws and rules;
18. The right to retain and use personal clothing
				and possessions, unless to do so would be unsafe or would infringe on the rights of
				other clients in the facility.
i. If the client
				has property on deposit with the facility, he or she will have daily access to such
				property during specific periods established by the facility.
ii. All client belongings shall be returned to the
				client when the client is discharged or decides to leave treatment within 30 days;
				and
19. The right to be
				allowed visiting time at reasonable hours in accordance with the client treatment
				plan and, if critically ill, to be allowed visits from his or her family or legally
				authorized representative at any time, unless medically contraindicated and
				documented by a physician in the client's medical record.
i. Members of the clergy shall be notified by the
				facility at the client's request. The hours of visitation by clergy shall be
				established by the facility.