§ 2380.21. Individual rights.
(a) An individual may not be deprived of rights as provided under subsections (b)—(q).
(b) The facility shall educate, assist and provide the accommodation necessary for the individual to understand the individual’s rights.
(c) An individual may not be reprimanded, punished or retaliated against for exercising the individual’s rights.
(d) A court’s written order that restricts an individual’s rights shall be followed.
(e) A court-appointed legal guardian may exercise rights and make decisions on behalf of an individual in accordance with the conditions of guardianship as specified in the court order.
(f) An individual who has a court-appointed legal guardian, or who has a court order restricting the individual’s rights, shall be involved in decision-making in accordance with the court order.
(g) An individual has the right to designate persons to assist in decision-making and exercising rights on behalf of the individual.
(h) An individual may not be discriminated against because of race, color, creed, disability, religious affiliation, ancestry, gender, gender identity, sexual orientation, national origin or age.
(i) An individual has the right to civil and legal rights afforded by law, including the right to vote, speak freely, practice the religion of the individual’s choice and practice no religion.
(j) An individual may not be abused, neglected, mistreated, exploited, abandoned or subjected to corporal punishment.
(k) An individual shall be treated with dignity and respect.
(l) An individual has the right to make choices and accept risks.
(m) An individual has the right to refuse to participate in activities and services.
(n) An individual has the right to privacy of person and possessions.
(o) An individual has the right of access to and security of the individual’s possessions.
(p) An individual has the right to voice concerns about the services the individual receives.
(q) An individual has the right to participate in the development and implementation of the individual plan.
(r) An individual’s rights shall be exercised so that another individual’s rights are not violated.
(s) The facility shall assist the affected individuals to negotiate choices in accordance with the facility’s procedures for the individuals to resolve differences and make choices.
(t) An individual’s rights may only be modified in accordance with § 2380.185 (relating to content of the individual plan) to the extent necessary to mitigate a significant health and safety risk to the individual or others.
(u) The facility shall inform and explain individual rights and the process to report a rights violation to the individual, and persons designated by the individual, upon admission to the facility and annually thereafter.
(v) The facility shall keep a copy of the statement signed by the individual or the individual’s court-appointed legal guardian, acknowledging receipt of the information on individual rights.
Authority The provisions of this § 2380.21 amended under sections 201(2), 403(b), 403.1(a) and (b), 911 and 1021 of the Human Services Code (62 P.S. § § 201(2), 403(b), 403.1(a) and (b), 911 and 1021); and section 201(2) of the Mental Health and Intellectual Disability Act of 1966 (50 P.S. § 4201(2)).
Source The provisions of this § 2380.21 adopted December 29, 1978, effective December 30, 1978, 8 Pa.B. 3820; amended January 15, 1993, effective January 16, 1993, 23 Pa.B. 343; amended October 4, 2019, effective in 120 days, 49 Pa.B. 5777. Immediately preceding text appears at serial page (259671).
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