Or. Admin. Code § 415-057-0040

Current through Register Vol. 63, No. 11, November 1, 2024

Section 415-057-0040 - Client Rights

(1) Participation in the program will be voluntary. Clients will have their rights, responsibilities, and services explained, including expected outcomes and possible risks. The program will document informed consent in writing, assure the document is signed and dated by the client, and placed in the permanent client record prior to the start of services.

(2) The client will have the right to refuse services, including any specific procedure. Any consequence that may result from refusing the service, such as termination from the program or referral to a person having supervisory authority over the client, will be explained verbally and in writing to the client. The document will be signed and dated by both the client and the program representative, and placed in the client's permanent record.

(3) No person will be denied services or discriminated against on the basis of age, ethnicity, gender identity, sexual orientation, religion, disability or diagnostic category unless restricted by predetermined program criteria.

(4) Each client will be assured civil rights as defined by laws that govern DOC and be assured the same human rights as other persons. The program will develop, implement and inform clients of written policies and procedures which protect clients' rights, including:

(a) Protecting client's privacy and dignity;

(b) Assuring confidentiality of records consistent with federal and state laws;

(c) Prohibiting physical punishment or physical abuse;

(d) Protecting clients from sexual activity, sexual assault, sexual coercion, sexual solicitation and sexual harassment; and

(e) Providing adequate treatment or care.

(5) Any client labor performed as part of the client's treatment plan or standard program expectations will be agreed to, in writing, by the client, documented in the client permanent record and must comply with regulations of other agencies sharing oversight of the program.

(6) The client has the right to obtain a copy of the permanent client record defined in OAR 415-057-0010(19) within thirty calendar days of a documented request. The program will have a written procedure for client requests to review the permanent client record. Payment for cost of duplication may be required. The client will have the right to access his or her own permanent record except:

(a) When the clinical supervisor determines that disclosure of permanent client records would be detrimental to the client's treatment;

(b) If confidential information has been provided to the program on the basis that the information not be re-disclosed; or

(c) When collateral records in the permanent client record originated outside the program, the client will make the request for those records directly to the originating source.

(7) The client has the right to include any DOC-approved client-identified supportive persons in the treatment planning process.

(8) The program will develop, implement, and inform clients of policies and procedures regarding grievances specific to the program that provide for:

(a) Specific steps for clients to follow the grievance to conclusion;

(b) An opportunity for discussion of the grievance with their primary counselor;

(c) Receipt of written grievances from clients or persons acting on their behalf;

(d) Investigation of the facts supporting or disproving the written grievance;

(e) Initiating action to resolve substantiated grievances within five working days of documented receipt of grievance for clients currently in the treatment program;

(f) Initiating action to resolve substantiated grievances within thirty calendar days of documented receipt of grievance, for clients released from the DOC;

(g) Documentation in the permanent client record of the receipt, investigation, and any action taken regarding the written grievance; and

(h) Specifying contact information for the Division for further investigation if a satisfactory conclusion is not reached.

(9) Where there are barriers to services due to culture, language, gender, illiteracy, or disability, the program will develop a holistic treatment approach including support services available to address or overcome those barriers including:

(a) Making reasonable modifications in policies, practices, and procedures to avoid discrimination, unless the program can demonstrate that doing so would fundamentally alter the nature of the program, service, or activity, such as:

(A) Providing individuals to assist the program in minimizing barriers, such as interpreters;

(B) Translating of written materials to appropriate language or method of communication;

(C) To the degree possible, providing assistive devices which minimize the impact of the barriers; and

(D) Acknowledging cultural and other values which are important to the client.

(b) Not charging clients for costs of any measure, such as the provision of interpreters, that are required to provide nondiscriminatory treatment to the client; and

(c) Referring the client to the DOC program liaison for re-consideration of treatment placement should the program have a barrier providing appropriate treatment services.

Or. Admin. Code § 415-057-0040

ADS 2-2010, f. & cert. ef. 5-6-10

Stat. Auth.: ORS 413.042, 409.410 & 409.420

Stats. Implemented: ORS 430.240 - 430.640, 430.850 - 430.955, 813.010 - 813.052 & 813.200 - 813.270