Rule 15-16-1-4.15.5 - Clients' Rights Rights and licensed facility rules must be in writing and be made available to all clients, employees, responsible parties, and must be posted in the facility for public viewing. Each client shall:
1. Not be deprived of civil or legal rights; 2. Not be denied admission, segregated or otherwise subjected to discrimination on the basis of race, sex, handicap, creed, national background or ancestry; a facility that is a religious organization may limit admissions to its own adherents;3. Live within the least restrictive environment possible in order to retain their individuality and personal freedom. Staff shall knock and request entrance before entering any bedroom;4. Be treated as individuals and with dignity, be assured choice and privacy and the opportunity to act autonomously, take risks to enhance independence, and share responsibility for decisions;5. Be allowed to participate and have family participate, if desired, in the planning of activities and services;6. Receive or refuse care and services that are adequate, appropriate, and in compliance with conditions of residency, relevant federal and State laws and rules and regulations;7. Be free from mental, emotional, and physical abuse and neglect and assured that no chemical restraints will be used; 8. Have records and other information kept confidential and released only with a client's or legal guardian's expressed written consent or in accordance with state law;9. Have a service animal for medical reasons; 10. Have visitors of their choice, as long as such does not infringe upon the rights of others;11. Have access to private telephone communications;12. Send and receive mail promptly and unopened;13. Furnish their own rooms, use and maintain personal clothing and possessions as space permits;14. Have the right to manage his/her personal financial affairs, or is given at least a quarterly accounting of financial transactions made on his/her behalf should the facility accept the written delegation from the client or from his/her responsible party of this responsibility to the facility for any period of time in conformance with State Law.15. Be free from restraint except by order of a physician or nurse practitioner/physician assistant, or unless it is determined that the client is a threat to himself or to others. Physical and chemical restraints shall be used for medical conditions that warrant the use of a restraint. Restraint is not to be used for discipline or staff convenience. The RBIR must have policies and procedures addressing the use of and monitoring of restraints. A physician's order for restraint must be countersigned physician, nurse practitioner or physician assistant within 24 hours of the emergency application of the restraint;16. Have freedom to participate in accessible community activities and in social, political, medical, and religious activities or to have freedom to refuse such participation;17. Arrange for third-party services at their own expense should such not be available through the facility provided the client remains in compliance with the conditions of residency;18. Be informed of grievance process and procedures and to receive response to grievances without fear of reprisal. To voice grievances and suggest changes in policies and services to either staff or outside representatives without fear of reprisal or other retaliation;19. Be given written notice of not less than thirty (30) days prior to discharge from the facility, except in life-threatening emergencies and when the client is a danger to him/her self or to others; 20. Remain in the current facility, foregoing a recommended transfer to obtain additional services, if a mutually agreed upon risk agreement is signed by the client, the responsible representative (if any) and the facility provided such does not place the facility in conflict with these or other laws or regulations;21. Receive at least a 24 hour notice prior to a change in room/unit. The client shall be informed of the reason for the move and/or shall be informed when their roommate is being changed;22. Live in a physical environment which ensures their physical and emotional security and well-being;23. Retain the services of his/her own personal physician, dentist or other health care facility;24. Be provided confidentiality and privacy concerning his/her medical and dental condition and treatment;25. Select the pharmacy or pharmacist of their choice;26. Not be required to perform services for the RBIR that are not included for therapeutic purposes in their individual program plan; and27. Have the right to associate and communicate privately with persons of his choice, may join with other clients or individuals within or outside of the RBIR to work for improvements in client care, unless medically contraindicated (as documented by his physician or nurse practitioner/physician assistant in his medical record).15 Miss. Code. R. 16-1-4.15.5
Miss. Code Ann. § 41-75-13