24 Miss. Code. R. 1-5.4

Current through September 24, 2024

Rule 24-1-5.4 - HUMAN RIGHTS/ADVOCACY COMMITTEE

Each program shall have a Human Rights/Advocacy Committee whose duties are to protect the rights of individuals within the care of the program.

A. Composition

The committee shall consist of no less than five (5) members, appointed by the Director and confirmed by the Executive Director. The membership should be broadly representative of professional and consumer groups. There shall be no requirement to utilize employees of the program as HRAC members; however, if they are utilized, they shall not comprise majority membership of the committee.

B. Term of Members

Appointment to the HRAC will be for a term of two (2) years.

C. ByLaws

The HRAC shall have written bylaws which cover matters such as parliamentary procedures, election of officers, confidentiality, etc.

D. Meetings

The HRAC shall hold a meeting at least quarterly, and more often as needed.

E. Officers

The HRAC shall elect a chairperson and vice chairperson to serve a one year term. The chairperson shall coordinate the activities of the HRAC and preside at committee meetings. The chairperson will have direct access to the Director. The vice chairperson shall serve as chairman in the absence of the chairman.

F. Committee Responsibility

The HRAC shall:

1. Review a summary of complaints filed regarding alleged violations of rights and may hold fact-finding investigations concerning such complaints.

2. Review and approve all programs utilizing aversive conditioning, all medications used for behavior management purposes, and all psychotropic medication used without a diagnosis consistent with clinical indications unless other forums or committees are utilized for this purpose.

3. Receive, review, and make recommendations concerning existing program policies on their own initiative or as requested by the program.

4. Conduct other activities as deemed appropriate by the Director.

5. Have access to patient/client records on a need-to- know basis. All person specific information shall remain confidential.

G. Report to Board

The HRAC shall submit to the Board of Mental Health a confidential summary of activities and recommendations, if any, at least annually. The report shall include a summary of at least the following:

1. abuse case by category

2. aversive programs

3. medications reviews, if reviewed by HRAC

4. seclusion/restraint usage other items deemed appropriate

The format of this report shall be approved by the Board.

24 Miss. Code. R. 1-5.4

Miss Code Ann. § 41-4-1, et seq. and § Section 41-21-102 and other State and Federal Laws, Court Decisions, and Regulations.

Amended 7/10/2015

Amended 4/1/2017

Amended 8/6/2017

Amended 11/1/2018