Utah Admin. Code 432-152-7

Current through Bulletin 2024-23, December 1, 2024

Section R432-152-7 - Client Rights

(1) The licensee shall ensure the rights of the clients are protected and shall:

(a) inform each client, or legal guardian, of the client's rights as outlined in this section and the rules of the facility;

(b) inform each client or legal guardian of the client's medical condition, developmental and behavioral status, attendant risks of treatment, and of the right to refuse treatment;

(c) allow and encourage each client to exercise their rights as a client of the facility, and as a citizen of the United States, including the right to file complaints, voice grievances, and recommend changes in policies and procedures to facility staff and outside representatives of personal choice, free from restraint, interference, coercion, discrimination, or reprisal;

(d) allow each client to manage their financial affairs and teach them to do so to the extent of their capabilities;

(e) ensure that clients are not subjected to physical, verbal, sexual or psychological abuse or punishment;

(f) ensure that clients are free from unnecessary medications and physical restraints and are provided active treatment services to reduce dependency on medications and physical restraints;

(g) provide each client with the opportunity for personal privacy and ensure privacy during treatment and care of personal needs;

(h) ensure the clients are not compelled to participate in publicity events, fundraising activities, movies or anything that would exploit the client;

(i) ensure that clients are not compelled to perform services for the facility and ensure that clients who do work for the facility are compensated for their efforts at prevailing wages commensurate with their abilities;

(j) ensure clients the opportunity to communicate, associate and meet privately with individuals of their choice, including legal counsel and clergy, and to send and receive unopened mail;

(k) ensure clients have access to a telephone with privacy for incoming and outgoing local and long-distance calls except as contraindicated by factors identified within their individual program plan;

(l) ensure clients the opportunity to participate in social and community group activities and the opportunity to exercise religious beliefs and to participate in religious worship services without being coerced or forced into engaging in any religious activity;

(m) ensure that clients have the right to keep and use appropriate personal possessions and clothing, and ensure that each client is dressed in their own clothing each day; and

(n) permit a married couple to reside together as a couple.

(2) The licensee shall ensure facility staff:

(a) promote participation of parents and legal guardians of clients who are minors in the client's active treatment services, unless their participation is unobtainable or inappropriate;

(b) answer communications from clients' families and friends promptly and appropriately;

(c) promote visits by individuals with a relationship to the client, such as family, close friends, legal guardians and advocates, at any reasonable hour, without prior notice, consistent with the right of the client's and other clients' privacy, unless the interdisciplinary team determines that the visit would not be appropriate for that client;

(d) promote visits by parents or guardians to any area of the facility that provides direct client care services to the client, consistent with right of that client's and other clients' privacy;

(e) promote frequent and informal leaves from the facility for visits, trips or vacations;

(f) promptly notify the client's parents or guardian of any significant incidents or changes in the client's condition including serious illness, accident, death, abuse or unauthorized absence;

(g) provide support for client access to information about home and community-based services;

(h) provide support for clients in moving into a home or community-based environment; and

(i) do not discourage a client from access to information, making decisions about, learning about or moving into home and community-based services.

(3) A facility employee is considered to have discouraged access to community-based services under Subsection R432-153-7(2)(i) if they attempt to or seek to prevent client access by:

(a) limiting client access to information;

(b) providing false information;

(c) expressing disapproval of community-based services;

(d) preventing communication with outside organizations and government agencies; or

(e) interfering with the transition process.

(4)

(a) The administrator shall develop and implement written policies and procedures that prohibit abuse, neglect or exploitation of clients.

(b) Any person, including a social worker, physician, psychologist, nurse, teacher or employee of a private or public facility serving adults, who has reason to believe that any disabled or elder adult has been the subject of abuse, emotional or psychological abuse, neglect or exploitation, shall immediately notify the nearest peace officer, law enforcement agency or local office of Adult Protective Services in accordance with Section 26B-6-202.

(c) The administrator shall document and ensure that alleged violations are thoroughly investigated and shall prevent further potential abuse while the investigation is in progress.

(d) The administrator shall report the results of investigations within five working days of the incident. If the alleged violation is verified, the administrator shall take appropriate corrective action.

(e) The administrator or designee shall plan and document annual in-service training of staff on the reporting requirements of suspected abuse, neglect and exploitation.

(f) A licensee shall not retaliate, discipline or terminate an employee who reports suspected abuse, neglect or exploitation for that reason alone.

(5) A client under the age of 22 years may not live in the same room with:

(a) more than one individual; or

(b) individuals over the age of 22 years, unless they are members of the individual's immediate family.

(6) The administrator shall develop written policies and procedures to implement Subsection R432-152-7(5) and obtain written approval from the department for any exceptions.

Utah Admin. Code R432-152-7

Amended by Utah State Bulletin Number 2022-04, effective 1/31/2022

Adopted by Utah State Bulletin Number 2024-01, effective 12/19/2023