West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-11 - Behavioral Health Centers Licensure › Section 64-11-5 - Consumer Rights

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Basic
				Rights.
5.1.1. A consumer shall have rights
				including, but not limited to:
5.1.1.a. The
				right to treatment and services that support a consumer's liberty and result in
				positive outcomes to the maximum extent possible;
5.1.1.b. The right to an individualized,
				written treatment plan to be developed promptly after admission; treatment
				based on the plan; periodic review and reassessment of needs; and appropriate
				revisions of the plan.
5.1.1.c. The
				right to treatment and services in the least restrictive, most appropriate, and
				potentially most effective setting;
5.1.1.d. The right to ongoing informed
				participation in the treatment plan process;
5.1.1.e. The right to refuse treatment at any
				time;
5.1.1.f. The right to a legal
				representative when unable to act on his or her own behalf;
5.1.1.g. The right to be free from
				involuntary experimentation;
5.1.1.h. The right to freedom from restraint
				or seclusion. Restraint and seclusion shall only be used in situations where
				there is imminent danger to the consumer or others and all less restrictive
				methods of control have been used;
5.1.1.i. The right to a humane treatment
				environment in which personal dignity and self-esteem are promoted;
5.1.1.j. The right to confidentiality of
				records, as provided in this rule;
5.1.1.k. The right to access his or her own
				consumer records in accordance with state law;
5.1.1.l. The right to assert grievances,
				orally or in writing, with respect to the infringement of all rights, including
				the right to have all grievances considered in a fair, timely, and impartial
				procedure;
5.1.1.m. The right of
				access to an available advocate in order to understand, exercise, and protect
				his or her rights;
5.1.1.n. The
				right to be informed in advance of any charges for services;
5.1.1.o. The right to all available services
				without discrimination because of race, religion, color, sex, sexual
				orientation, disability, age, national origin, or marital status;
5.1.1.p. The right to exercise his or her
				civil rights;
5.1.1.q. The right to
				referral, as appropriate, to other providers of behavioral health
				services;
5.1.1.r. The right to be
				free from physical, verbal, sexual, or psychological abuse or
				punishment;
5.1.1.s. The right to
				be free from unnecessary or excessive medication;
5.1.1.t. The right to medication that is not
				used as punishment, for the convenience of staff, as a substitute for
				programming, or in quantities that interfere with the treatment
				program;
5.1.1.u. The right to be
				free from uncompensated labor, except for consumers in residential facilities
				who perform housekeeping tasks;
5.1.1.v. The right to be informed orally and
				in writing, in appropriate language and terms, of the rights described in this
				section; and
5.1.1.w. A residential
				consumer shall have:
5.1.1.w.1. The right to
				be housed with consumers of the same approximate ages, developmental levels,
				and social needs;
5.1.1.w.2. The
				right to unimpeded access to his or her attorney or religious
				advisor;
5.1.1.w.3. The right to
				constant access to his or her personal possessions unless contraindicated by
				treatment plan; and
5.1.1.w.4. The
				right to private communication with others by mail, electronic mail, text
				messaging, in person, and by telephone.