§ 2390.21. Client rights.
(a) A client 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 client to understand the client’s rights.
(c) A client may not be reprimanded, punished or retaliated against for exercising the client’s rights.
(d) A court’s written order that restricts a client’s rights shall be followed.
(e) A court-appointed legal guardian may exercise rights and make decisions on behalf of a client in accordance with the conditions of guardianship as specified in the court order.
(f) A client who has a court-appointed legal guardian, or who has a court order restricting the client’s rights, shall be involved in decision-making in accordance with the court order.
(g) A client has the right to designate persons to assist in decision-making and exercising rights on behalf of the client.
(h) A client may not be discriminated against because of race, color, creed, disability, religious affiliation, ancestry, gender, gender identity, sexual orientation, national origin or age.
(i) A client has the right to civil and legal rights afforded by law, including the right to vote, speak freely, practice the religion of the client’s choice and practice no religion.
(j) A client may not be abused, neglected, mistreated, exploited, abandoned or subjected to corporal punishment.
(k) A client shall be treated with dignity and respect.
(l) A client has the right to make choices and accept risks.
(m) A client has the right to refuse to participate in activities and services.
(n) A client has the right to privacy of person and possessions.
(o) A client has the right of access to and security of the client’s possessions.
(p) A client has the right to voice concerns about the services the client receives.
(q) A client has the right to participate in the development and implementation of the individual plan.
(r) A client’s rights shall be exercised so that another client’s rights are not violated.
(s) The facility shall assist the affected clients to negotiate choices in accordance with the facility’s procedures for the clients to resolve differences and make choices.
(t) A client’s rights may only be modified in accordance with § 2390.155 (relating to content of the individual plan) to the extent necessary to mitigate a significant health and safety risk to the client or others.
(u) The facility shall inform and explain client rights and the process to report a rights violation to the client, and persons designated by the client, upon admission to the facility and annually thereafter.
(v) The facility shall keep a copy of the statement signed by the client, or the client’s court-appointed legal guardian, acknowledging receipt of the information on client rights.
Authority The provisions of this § 2390.21 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 § 2390.21 adopted May 9, 1986, effective August 8, 1986, 16 Pa.B. 1693; amended October 4, 2019, effective in 120 days, 49 Pa.B. 5777. Immediately preceding text appears at serial pages (381395) and (352131).
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