SECTION 450:15-3-81. Resident rights

(a)   Each resident shall have and enjoy all constitutional and statutory rights of all citizens of the State of Oklahoma and the United States, unless abridged by due process of law by a court of competent jurisdiction. Each facility shall insure each resident has the rights specified as follows.

(1)   Each resident has the right to be treated with respect and dignity. This shall be construed to protect and promote human dignity and respect for individual dignity.

(2)   Each resident has the right to a safe, sanitary, and humane living environment.

(3)   Each resident has the right to a humane psychological environment protecting them from harm, abuse, and neglect.

(4)   Each resident has the right to an environment which provides reasonable privacy, promotes personal dignity, and provides opportunity for the client to improve his or her functioning.

(5)   Each resident has the right to receive services suited to his or her condition and needs for treatment without regard to his or her race, religion, gender, ethnic origin, age, degree of disability, handicapping condition, legal status, sexual orientation.

(6)   Each resident, on admission, has the absolute right to communicate his or her change of address with a relative, friend, clergy, or attorney, by telephone or mail.

(7)   Each resident shall have and retain the right to confidential communication with an attorney, personal physician, the ODMHSAS Office of Consumer Advocacy, the ODMHSAS Office of Inspector General, or clergy. This right shall not be restricted by the facility.

(8)   Each resident has the right to uncensored, private communications including, but not limited to, letters, telephone calls, and personal visits. Copies of any personal letter, sent or received, by a resident shall not be kept in his or her clinical record.

(9)   No resident shall ever be mistreated, maltreated, or otherwise abused by staff, visitors, or other consumers.

(10)   Each resident has the right to easy access to his or her personal funds on deposit with the facility, and shall be entitled to an accounting for said funds.

(11)   Each resident has the right to have his or her own clothing and personal possessions.

(12)   Each resident shall have the right to practice his or her own religious beliefs, and afforded the opportunity for religious worship. No client shall ever be coerced into engaging in, or refraining from, any personal religious activity, practice, or belief.

(13)   The records of each resident shall be treated in a confidential manner.

(14)   Each resident has the right to refuse to participate in any research project or medical experiment without informed consent of the resident, as defined by law. A refusal to participate shall not affect the services available to the resident.

(15)   A resident may voluntarily participate in work therapy, and shall be paid just compensation for such participation. However, each resident is responsible for personal care and housekeeping tasks without compensation.

(16)   The community residential mental health facility shall provide residents who are leaving at the request of the community residential mental health facility all funds and property belonging to him or her at the time of his or her departure.

(17)   Each resident shall have the right to establish and to participate in a resident committee or resident government.

(18)   Each resident has the right to assert grievances with respect to any alleged infringement of these stated rights of residents, or any other subsequently statutorily granted rights.

(19)   No resident shall ever be retaliated against, or subject to, any adverse conditions because of having asserted his or her rights as stated in this Section.

(20)   Most rights may be limited by the treatment team for therapeutic reasons, including safety of the consumer or other consumers and staff in the facility. These limitations must be documented in the clinical record, reviewed frequently, and shall not be limited for purposes of punishment, staff convenience, or in retaliation for a consumer exercising any of his/her rights.

(b)   Each affected facility shall have written policy and implementing procedures, and shall provide documented staff training to insure the implementation of each and every resident right stated in this section.

(c)   Each affected facility shall have written policy and implementing procedures to insure each resident enjoys, and has explained to him or her, these rights; and these rights are visibly posted in both resident and public areas of the facility.

(d)   The Department, in any investigation or monitoring shall have access to residents, RCF records and RCF staff as set forth in OAC 450:15-7-3.

[Source: Added at 21 Ok Reg 1726, eff 7-1-04; Amended at 23 Ok Reg 1412, eff 7-1-06; Amended at 27 Ok Reg 1005, eff 7-1-10; Amended at 28 Ok Reg 903, eff 7-1-11]