Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 19 - OUTPATIENT BEHAVIORAL HEALTH SERVICES › Section 309-019-0115 - Individual Rights

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In addition
			 to all applicable statutory and constitutional rights, every individual
			 receiving services has the right to:
(a)
			 Choose from services and supports that are consistent with the assessment and
			 service plan, culturally competent, provided in the most integrated setting in
			 the community and under conditions that are least restrictive to the
			 individual's liberty, that are least intrusive to the individual, and that
			 provide for the greatest degree of independence;
(b) Be treated with dignity and
			 respect;
(c) Participate in the
			 development of a written service plan, receive services consistent with that
			 plan and participate in periodic review and reassessment of service and support
			 needs, assist in the development of the plan, and receive a copy of the written
			 service plan;
(d) Have all services
			 explained, including expected outcomes and possible risks;
(e) Confidentiality and the right to consent
			 to disclosure in accordance with ORS
			 107.154,
			 179.505,
			 179.507,
			 192.515, 192.507, 42 CFR Part 2
			 and 45 CFR Part 205.50 ;
(f) Give
			 informed consent in writing prior to the start of services, except in a medical
			 emergency or as otherwise permitted by law. Minor children may give informed
			 consent to services in the following circumstances:
(A) Under age 18 and lawfully
			 married;
(B) Age 16 or older and
			 legally emancipated by the court; or
(C) Age 14 or older for outpatient services
			 only. For purposes of informed consent, outpatient service does not include
			 service provided in residential programs or in day or partial hospitalization
			 programs.
(g) Inspect
			 their service record in accordance with ORS
			 179.505;
(h) Refuse participation in
			 experimentation;
(i) Receive
			 medication specific to the individual's diagnosed clinical needs, including
			 medications used to treat opioid dependence;
(j) Receive prior notice of transfer, unless
			 the circumstances necessitating transfer pose a threat to health and
			 safety;
(k) Be free from abuse or
			 neglect and to report any incident of abuse or neglect without being subject to
			 retaliation;
(L) Have religious
			 freedom;
(m) Be free from seclusion
			 and restraint;
(n) Be informed at
			 the start of services and periodically thereafter of the rights guaranteed by
			 this rule;
(o) Be informed of the
			 policies and procedures, service agreements and fees applicable to the services
			 provided, and to have a custodial parent, guardian, or representative assist
			 with understanding any information presented;
(p) Have family and guardian involvement in
			 service planning and delivery;
(q)
			 Have an opportunity to make a declaration for mental health treatment, when
			 legally an adult;
(r) File
			 grievances, including appealing decisions resulting from the
			 grievance;
(s) Exercise all rights
			 set forth in ORS 109.610 through
			 109.697 if the individual is a
			 child, as defined by these rules;
(t) Exercise all rights set forth in ORS
			 426.385 if the individual is
			 committed to the Authority; and
(u)
			 Exercise all rights described in this rule without any form of reprisal or
			 punishment.