§ 6400.32. Rights of the individual.
(a) 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.
(b) 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.
(c) An individual may not be abused, neglected, mistreated, exploited, abandoned or subjected to corporal punishment.
(d) An individual shall be treated with dignity and respect.
(e) An individual has the right to make choices and accept risks.
(f) An individual has the right to refuse to participate in activities and services.
(g) An individual has the right to control the individual’s own schedule and activities.
(h) An individual has the right to privacy of person and possessions.
(i) An individual has the right of access to and security of the individual’s possessions.
(j) An individual has the right to voice concerns about the services the individual receives.
(k) An individual has the right to participate in the development and implementation of the individual plan.
(l) An individual has the right to receive scheduled and unscheduled visitors, and to communicate and meet privately with whom the individual chooses, at any time.
(m) An individual has the right to unrestricted access to send and receive mail and other forms of communications, unopened and unread by others, including the right to share contact information with whom the individual chooses.
(n) An individual has the right to unrestricted and private access to telecommunications.
(o) An individual has the right to manage and access the individual’s finances.
(p) An individual has the right to choose persons with whom to share a bedroom.
(q) An individual has the right to furnish and decorate the individual’s bedroom and the common areas of the home in accordance with § 6400.33 (relating to negotiation of choices).
(r) An individual has the right to lock the individual’s bedroom door.
(1) Locking may be provided by a key, access card, keypad code or other entry mechanism accessible to the individual to permit the individual to lock and unlock the door.
(2) Access to an individual’s bedroom shall be provided only in a life-safety emergency or with the express permission of the individual for each incidence of access.
(3) Assistive technology shall be provided as needed to allow the individual to lock and unlock the door without assistance.
(4) The locking mechanism shall allow easy and immediate access by the individual and staff persons in the event of an emergency.
(5) Direct service workers who provide services to the individual shall have the key or entry device to lock and unlock the door.
(s) An individual has the right to have a key, access card, keypad code or other entry mechanism to lock and unlock an entrance door of the home.
(1) Assistive technology shall be provided as needed to allow the individual to lock and unlock the door without assistance.
(2) The locking mechanism shall allow easy and immediate access by the individual and staff persons in the event of an emergency.
(3) Direct service workers who provide services to the individual shall have the key or entry device to lock and unlock the door.
(t) An individual has the right to access food at any time.
(u) An individual has the right to make health care decisions.
(v) An individual’s rights may only be modified in accordance with § 6400.185 (relating to content of the individual plan) to the extent necessary to mitigate a significant health and safety risk to the individual or others.
Authority The provisions of this § 6400.32 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 § 6400.32 amended through January 22, 1982, effective March 1, 1982, 12 Pa.B. 384; amended August 9, 1991, effective November 8, 1991, 21 Pa.B. 3595; amended October 4, 2019, effective in 120 days, 49 Pa.B. 5777. Immediately preceding text appears at serial page (381940).
Cross References This section cited in 55 Pa. Code § 6400.31 (relating to exercise of rights).
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