Utah Admin. Code 432-201-8

Current through Bulletin 2024-20, October 15, 2024

Section R432-201-8 - Client Rights

(1) The licensee shall:

(a) ensure the rights of each client, as outlined in this section;

(b) inform each client, parent, if the client is a minor, or legal guardian, of the following:

(i) client rights;

(ii) rules of the facility;

(iii) medical condition;

(iv) developmental status;

(v) behavioral status;

(vi) attendant risks of treatment; and

(vii) the right to refuse treatment;

(c) allow and encourage individual clients to exercise their rights as clients of the facility, and as citizens of the United States, including the right to file complaints and the right to due process, and give each client the opportunity to voice grievances and recommend changes in policies and procedures to facility staff and outside representatives of personal choice, free from restraint, interference, coercion, discrimination, or reprisal;

(d) allow individual clients to manage their financial affairs and teach them to do so to the extent of their capabilities;

(e) ensure that clients are not subjected to physical, verbal, sexual, or psychological abuse, or punishment;

(f) ensure that clients are free from unnecessary drugs and physical restraints and are provided active treatment to reduce dependency on drugs and physical restraints;

(g) provide each client with the opportunity for personal privacy and ensure privacy during treatment and care of personal needs;

(h) ensure the clients are not compelled to participate in publicity events, fund raising activities, movies or anything that would exploit the client;

(i) ensure that clients are not compelled to perform services for the facility and ensure that clients who do work for the facility are compensated for their efforts at prevailing wages commensurate with their abilities;

(j) ensure clients the opportunity to communicate, associate and meet privately with individuals of their choice, including legal counsel and clergy, and to send and receive unopened mail;

(k) ensure that clients have access to telephones with privacy for incoming and outgoing local and long-distance calls except as contraindicated by factors identified within their individual program plans;

(l) ensure clients the opportunity to participate in social and community group activities and the opportunity to exercise religious beliefs and to participate in religious worship services without being coerced or forced into engaging in any religious activity;

(m) ensure that clients have the right to keep and use appropriate personal possessions and clothing, and ensure that each client is dressed in their own clothing each day; and

(n) permit a married couple both of whom reside in the facility to reside together as a couple.

(2) The licensee shall establish and maintain a system that ensures:

(a) complete accounting of clients' personal funds entrusted to the facility on behalf of clients;

(b) no commingling of client funds with facility funds or with the funds of any person other than another client;

(c) the client's financial record is available on request to the client, parents, if the client is a minor, or legal guardian;

(d) any money entrusted to the facility on behalf of the clients is kept in the facility or insured and deposited within five days of receipt in an interest-bearing account in a local bank or savings and loan association authorized to do business in Utah;

(e) when the amount of a client's money entrusted to the facility exceeds $150, any money over $150 is deposited in an interest-bearing account;

(f) a person, firm, partnership, association, or corporation, that is licensed to operate more than one health facility maintains a separate account for each facility and does not commingle client funds from one facility with another;

(g) upon discharge of a client, any money and valuables of the client that have been entrusted to the licensee are surrendered to the client in exchange for a signed receipt;

(h) the licensee shall surrender, upon demand, any money and valuables kept within the facility and shall make available any money kept in an interest-bearing account within a reasonable time;

(i) within 30 days following the death of a client, except in a case under investigation by the medical examiner, any money, and valuables of the client that have been entrusted to the licensee are surrendered to the person responsible for the client or to the executor or the administrator of the estate in exchange for a signed receipt; and

(j) when a client dies without a representative or known heirs, the licensee shall provide immediate written notice to the state medical examiner and the registrar of the local probate court and file a copy of the notice with the department.

(3) The licensee shall:

(a) promote participation of parent, if the client is a minor, and legal guardian in the process of providing active treatment to a client unless their participation is unobtainable or inappropriate;

(b) answer communications from a client's family and friends promptly and appropriately;

(c) promote visits by individuals with a relationship to a client, such as family, close friends, legal guardian, and advocate, at any reasonable hour, without earlier notice, consistent with the right of a client's and other clients' privacy, unless the interdisciplinary team determines that the visit would not be appropriate for that client;

(d) promote visits by parents or guardians to any area of the facility that provides direct client care service to a client, consistent with right of that client's and other clients' privacy;

(e) promote frequent and informal leaves from the facility for visits, trips, or vacations; and

(f) notify promptly a client's parent or guardian of any significant incident, or change in a client's condition including, serious illness, accident, death, abuse, or unauthorized absence.

(4) The licensee shall develop and implement written policies and procedures that:

(a) prohibit mistreatment, neglect, or abuse of a client;

(b) prohibit the use of physical, verbal, sexual, or psychological abuse, or punishment;

(c) prohibit punishing a client by withholding food or hydration that contribute to a nutritionally adequate diet;

(d) prohibit the employment of individuals with a conviction or earlier employment history of child, client abuse, spouse abuse, neglect, or mistreatment;

(e) ensure that each allegation of mistreatment, neglect, or abuse, or injuries of unknown source, are reported immediately to the administrator and to other officials in accordance with Section 26B-6-202 through established procedures;

(f) ensure there is evidence that any alleged violations are thoroughly investigated and shall prevent further potential abuse while the investigation is in progress; and

(g) ensure the results of any investigation are reported to the administrator or designated representative and to other officials within five working days of the incident and, if the alleged violation is verified, take appropriate corrective action.

Utah Admin. Code R432-201-8

Amended by Utah State Bulletin Number 2023-21, effective 10/26/2023