Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 2380 - ADULT TRAINING FACILITIES › GENERAL REQUIREMENTS › Section 2380.21 - Individual rights

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
					 individual may not be deprived of rights as provided under subsections
					 (b)-(q).
(b) The facility shall
					 educate, assist and provide the accommodation necessary for the individual to
					 understand the individual's rights.
(c) An individual may not be reprimanded,
					 punished or retaliated against for exercising the individual's
					 rights.
(d) A court's written order
					 that restricts an individual's rights shall be followed.
(e) A court-appointed legal guardian may
					 exercise rights and make decisions on behalf of an individual in accordance
					 with the conditions of guardianship as specified in the court order.
(f) An individual who has a court-appointed
					 legal guardian, or who has a court order restricting the individual's rights,
					 shall be involved in decision-making in accordance with the court
					 order.
(g) An individual has the
					 right to designate persons to assist in decision-making and exercising rights
					 on behalf of the individual.
(h) An
					 individual may not be discriminated against because of race, color, creed,
					 disability, religious affiliation, ancestry, gender, gender identity, sexual
					 orientation, national origin or age.
(i) An individual has the right to civil and
					 legal rights afforded by law, including the right to vote, speak freely,
					 practice the religion of the individual's choice and practice no
					 religion.
(j) An individual may not
					 be abused, neglected, mistreated, exploited, abandoned or subjected to corporal
					 punishment.
(k) An individual shall
					 be treated with dignity and respect.
(l) An individual has the right to make
					 choices and accept risks.
(m) An
					 individual has the right to refuse to participate in activities and
					 services.
(n) An individual has the
					 right to privacy of person and possessions.
(o) An individual has the right of access to
					 and security of the individual's possessions.
(p) An individual has the right to voice
					 concerns about the services the individual receives.
(q) An individual has the right to
					 participate in the development and implementation of the individual
					 plan.
(r) An individual's rights
					 shall be exercised so that another individual's rights are not
					 violated.
(s) The facility shall
					 assist the affected individuals to negotiate choices in accordance with the
					 facility's procedures for the individuals to resolve differences and make
					 choices.
(t) An individual's rights
					 may only be modified in accordance with §
											2380.185 (relating to content of
					 the individual plan) to the extent necessary to mitigate a significant health
					 and safety risk to the individual or others.
(u) The facility shall inform and explain
					 individual rights and the process to report a rights violation to the
					 individual, and persons designated by the individual, upon admission to the
					 facility and annually thereafter.
(v) The facility shall keep a copy of the
					 statement signed by the individual or the individual's court-appointed legal
					 guardian, acknowledging receipt of the information on individual
					 rights.
The provisions of this §
													2380.21 amended under sections
						  201(2), 403(b), 403.1(a) and (b), 911 and 1021 of the Human Services Code
						  (62
						  P.S. §§
														201(2),
						  403(b), 403.1(a) and (b), 911
						  and 1021); and section 201(2) of the Mental Health and Intellectual Disability
						  Act of 1966 (50 P.S. §
														4201(2)).