Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-107 - Licensing requirements for enhanced services facilities › Resident Rights › Section 388-107-0190 - Rights of residents

Current through Register Vol. 24-14, July 15, 2024
(1) Each
				  resident of an enhanced services facility is entitled to all the rights set
				  forth in this chapter and
				  chapters
				  71.05 and
				  70.96A RCW, and retains all rights
				  not denied him or her under these chapters.
(2) The enhanced services facility may only
				  consider a resident's competence as determined or withdrawn under the
				  provisions of
				  chapters
				  10.77 or
				  11.88 RCW.
(3) The facility must give each resident, at
				  the time of his or her person-centered service planning meeting, a written
				  statement setting forth the substance of this section.
(4) Every resident of an enhanced services
				  facility has the right to appropriate care and individualized treatment,
				  interventions, and support that will not harm the resident.
(5) The provisions of this chapter must not
				  be construed to deny to any resident treatment by spiritual means through
				  prayer in accordance with the tenets and practices of a church or religious
				  denomination.
(6) In addition to
				  other rights not specifically withheld by law, each resident of an enhanced
				  services facility has the rights enumerated in subsections (6)(a) through
				  (6)(o) of this section unless the exercise of which creates a danger to the
				  resident or others. The facility must prominently post a list in a place
				  accessible to residents of the rights enumerated in subsections (6)(a) through
				  (6)(o) of this section and make the list readily available to residents. The
				  resident has the right to:
(a) Wear his or
				  her own clothes and keep and use his or her personal possessions;
(b) Have access to fluids and snacks of his
				  or her choice at any time;
(c)
				  Control his or her personal finances;
(d) Have access to individual locked storage
				  space for his or her private use;
(e) Have visitors at times convenient to the
				  resident and in accordance with his or her person-centered service
				  plan;
(f) Have twenty-four hour
				  access to a telephone to make and receive confidential calls;
(g) Have ready access to letter-writing
				  materials, including stamps and send and receive uncensored correspondence
				  through the mail;
(h) Discuss and
				  actively participate in the development of his or her person-centered service
				  plan and decisions with professional persons;
(i) A clean and comfortable home
				  environment;
(j) Furnish and
				  decorate his or her sleeping room in accordance with his or her person-centered
				  service plan.
(k) Not have
				  psychosurgery performed on him or her under any circumstances;
(l) Refuse antipsychotic medication
				  consistent with
				  RCW
				  70.97.050;
(m) Dispose of property and sign contracts
				  unless the resident has been found incompetent in a court proceeding regarding
				  that issue; and
(n) Complain about
				  right violations or conditions at the enhanced services facility and request
				  the assistance of an ombuds, disability rights Washington representative, or
				  another representative of the resident's choice without interference from the
				  enhanced services facility; and
(o)
				  Receive a minimum of thirty days written notice if there are any changes to the
				  scope of services identified in the resident's person-centered service
				  plan.