Section 5.04 - Other Rights of IndividualsIndividuals served by providers subject to 115 CMR 5.00 shall have, in addition to the rights specified elsewhere in 115 CMR or in applicable state or federal laws or judicial decrees, the following rights:
(1) The right to communicate, including: (a) The right to have reasonable access to a telephone, the internet, email, social media and other web-based communication applications and the opportunity to make and receive confidential communications, and to have assistance when desired and necessary to implement this right; and(b) The right to unrestricted mailing privileges, to have access to stationery and postage, and to assistance when desired and necessary to implement this right.(c) Any restriction of telephone or internet use must be based upon a demonstrable risk, documented in the individual's record, and promptly provided to the provider's human rights committee.(d) Such restriction shall be accompanied by a training plan to eliminate the need for the restriction, documented in the individual's Individual Support Plan (ISP), and should be included in a PBSP, if clinically required.(2) The right to be protected from private and commercial exploitation including: the right not to be exposed to public view by photograph, film, video, interview, or other means unless prior written consent of the individual or guardian is obtained for such release; and the right not to be identified publicly by name or address without the prior written consent of the individual or guardian.(3) The right to be visited and to visit others under circumstances that are conducive to friendships and relationships, in accordance with the following requirements: (a) An individual shall be permitted to receive visitors, unless ill or incapacitated to the degree that a visit would cause serious physical or emotional harm; provided that the individual's attorney, guardian, legal or designated representative, personal physician, clergy, or family members shall be permitted to visit at all times, unless the individual objects, and shall be provided with a suitable place to confer on a confidential basis;(b) Reasonable restrictions may be placed on the time and place of the visit in order to protect the welfare of the individual or the privacy of other individuals and to avoid serious disruptions in the normal functioning of the provider. Arrangements shall be made for private visitation to the maximum extent possible; and(c) Denial of visitation or restrictions for any reason other than those stated in 115 CMR 5.04(3)(b), shall be treated as a modification of the ISP, and requires compliance with the regulations governing ISP modifications. The human rights committee shall be notified of the intention to deny or restrict visitation no later than the next meeting following the ISP modification meeting or, in the case of the waiver of an ISP modification meeting, at the next meeting following the implementation of the ISP modification.(4) The right to enjoy basic goods and services without threat of denial or delay for any purpose by providers subject to 115 CMR 5.00. Basic goods and services include at least the following: (a) A nutritionally sound diet of wholesome and appetizing food served at appropriate times and in as normative a manner as possible;(b) Opportunities for daily recreational activity and physical exercise, as appropriate to the age and interests of the individual;(c) Unrestricted access to drinking water and bathrooms;(d) Arrangement for or provision of an adequate allowance of neat, clean, appropriate and seasonable clothing;(e) Opportunities for social contact in the individual's home, work, or community environments;(f) Opportunities to keep and use personal possessions; and(g) Access to individual storage space for personal use.(5) The right to a reasonable expectation of privacy. In connection with hygiene and medication administration by non-licensed staff, such an expectation includes assistance by same gender staff for hygiene and medication administration when the partial or complete disrobing of the individual is required.(6) The right to decline any service or support.Amended by Mass Register Issue 1411, eff. 2/21/2020.