Patient Rights

WAC 388-877-0600 

1.   Administrators, counselors and all other staff or contractors shall ensure each patient:

 

(a)   Is admitted to treatment without regard to race, color, national origin, sex, age, religion, creed, marital status, sexual orientation, HIV/AIDS status, veteran status, or the presence of any physical, mental or sensory disability except in the case of bona-fide program criteria.

 

(b)   Is reasonably accommodated in the event of sensory or physical disability, limited ability to communicate, and cultural differences.

 

(c)   Is treated in a manner sensitive to individual needs and which promotes dignity and self-respect.

 

(d)   Is protected from invasion of privacy except that staff may conduct reasonable searches to detect and prevent possession or use of contraband on the premises.

 

(e)   Has all clinical and personal information treated in accordance with RCW 70.96A and 42 CFR part 2.

 

(f)   Has the opportunity to review the patient’s own treatment record in the presence of the administrator, or designee (for DUI, this refers only to DUI assessment information, not other court or probation information).

 

(g)   Has the opportunity to have clinical contact with a same gender counselor, if requested and determined appropriate by clinical staff.

 

(h)   Is fully informed regarding fees charged, including fees for copying records to verify treatment and method of payment available.

 

(i)   Is provided reasonable opportunity to practice the religion of their choice as long as the practice does not infringe on the rights and treatment of others or the treatment service. The patient has the right to refuse participation in any religious practice.

 

(j)   Is allowed necessary communication (patients will be informed upon admission regarding restricted communications) Between a minor and a custodial parent or legal guardian; with an attorney and in an emergency situation.

 

(k)   Is protected from abuse by staff at all times, or from other patients who are on agency premises, including sexual harassment, sexual or financial exploitation, racism, and physical abuse.

 

(l) Is fully informed and receives copies of counselor disclosure requirements described under RCW. Patient files shall contain record of disclosure and shall be signed by the patient.

 

(m) Receives a copy of the patient grievance procedures upon request; and 

(n) In the event of an agency closure or treatment service cancellation, each patient shall be:

given thirty days notice; assisted with relocation; given refunds to which the person is entitled; and advised how to access records to which the person is entitled. 

 

2.   The agency staff shall obtain patient consent for each release of information to any person or entity.

 

3.   Agency staff shall notify patients that outside persons or organizations that provide services to the agency are required by written agreement (QSOAs) to protect patient confidentiality.

 

4.   The administrator, or designee, shall give a copy of patient’s rights to each patient receiving services, both at admission and in case of disciplinary discharge; and

 

5.   The administrator, or designee, shall post a copy of patient’s rights in a conspicuous place in the agency that is accessible to patients and staff.

 

 

 

 

 

Individual Rights

     OAR 309-019-0115

1. In addition to all applicable statutory and constitutional rights, every individual receiving services at ACT has the right to:


(a) Choose from available services and supports, those that are consistent with the Service Plan, culturally competent, provided in the most integrated setting in the community and under conditions that are least restrictive to the individual’s liberty, that are least intrusive to the individual and that provide for the greatest degree of independence;


(b) Be treated with dignity and respect;


(c) Have access to Peer Delivered Services


(d) Participate in the development of a written Service Plan, receive services consistent with that plan and participate in periodic review and reassessment of service and support needs, assist in the development of the plan, and to receive a copy of the written Service Plan;


(e) Have all services explained, including expected outcomes and possible risks;


(f) Confidentiality, and the right to consent to disclosure in accordance with ORS 107.154, 179.505, 179.507, 192.515, 192.507, 42 CFR Part 2 and 45 CFR Part 205.50.


(g) Give informed consent in writing prior to the start of services, except in a medical emergency or as otherwise permitted by law. Minor children may give informed consent to services in the following circumstances:


(A) Under age 18 and lawfully married;


(B) Age 16 or older and legally emancipated by the court; or


(C) Age 14 or older for outpatient services only. For purposes of informed consent, outpatient service does not include service provided in residential programs or in day or partial hospitalization programs;


(h) Inspect their Service Record in accordance with ORS 179.505;


(i) Refuse participation in experimentation;


(j) Receive medication specific to the individual’s diagnosed clinical needs;


(k) Receive prior notice of transfer, unless the circumstances necessitating transfer pose a threat to health and safety;


(l) Be free from abuse or neglect and to report any incident of abuse or neglect without being subject to retaliation;


(m) Have religious freedom;


(n) Be free from seclusion and restraint;


(o) Be informed at the start of services, and periodically thereafter, of the rights guaranteed by this rule;


(p) Be informed of the policies and procedures, service agreements and fees applicable to the services provided, and to have a custodial parent, guardian, or representative, assist with understanding any information presented;


(q) Have family and guardian involvement in service planning and delivery;


(r) Make a declaration for mental health treatment, when legally an adult;


(s) File grievances, including appealing decisions resulting from the grievance;


(t) Exercise all rights set forth in ORS 109.610 through 109.697 if the individual is a child, as defined by these rules;


(u) Exercise all rights set forth in ORS 426.385 if the individual is committed to the Authority; and


(v) Exercise all rights described in this rule without any form of reprisal or punishment.