(a) The Commissioner shall adopt regulations for acceptance of persons into the treatment program, considering available treatment resources and facilities, for the purpose of early and effective treatment of behavioral health challenges, mental health disorders, substance use disorders, the care, and the discharge of patients in the behavioral health treatment facility and all other contracted, private or public facilities treating behavioral health challenges, mental health disorders, and substance use disorder.
(b) The regulation must include:(1) Establishment of the right to have the treatment and related services provided in the least restrictive appropriate setting;(2) Establishment of the right to an individualized treatment or service plan, to be developed with the participation of the client;(3) Standards for informed consent to treatment, including reasonable standards and procedure for determining when to treat a client absent informed consent, consistent with applicable law, except that involuntary treatment of involuntarily hospitalized or incapacitated persons who are unwilling or unable to comply with treatment is allowed solely in accordance with the provisions of this chapter;(4) Standards for participation in experimentation and research;(5) Standards pertaining to the use of seclusion and restraint;(6) Establishment of the right to privacy and to a humane treatment environment;(7) Establishment of the right to the confidentiality of records and procedures pertaining to a patients’ right to access their behavioral and substance use treatment care records;(8) Establishment of the right to receive visitors and to communicate by telephone and mail;(9) Procedures to ensure that persons are notified of their rights;(10) The right to assistance in protecting a right or advocacy service in the exercise or protection of a right;(11) Provisions for a fair, timely and impartial grievance procedure for the purpose of ensuring appropriate administrative resolution of grievances with respect to infringement of rights; and(12) To the extent that resources are available, the establishment of the rights of long-term mentally ill patients containing the following requirements:(A) The right to a service system that employs culturally normative and valued methods and settings;(B) The right to the coordination of the disparate components of the community service system;(C) The right to individualized developmental programming which recognizes that each long-term mentally ill individual is capable of growth or slowing of deterioration;(D) The right to a continuum of community services allowing a gradual transition from a more intense level of service; and(E) The right to the maintenance of natural support systems, such as family and friends, and formal and informal networks of mutual and self-help.
(1) Establishment of the right to have the treatment and related services provided in the least restrictive appropriate setting;
(2) Establishment of the right to an individualized treatment or service plan, to be developed with the participation of the client;
(3) Standards for informed consent to treatment, including reasonable standards and procedure for determining when to treat a client absent informed consent, consistent with applicable law, except that involuntary treatment of involuntarily hospitalized or incapacitated persons who are unwilling or unable to comply with treatment is allowed solely in accordance with the provisions of this chapter;
(4) Standards for participation in experimentation and research;
(5) Standards pertaining to the use of seclusion and restraint;
(6) Establishment of the right to privacy and to a humane treatment environment;
(7) Establishment of the right to the confidentiality of records and procedures pertaining to a patients’ right to access their behavioral and substance use treatment care records;
(8) Establishment of the right to receive visitors and to communicate by telephone and mail;
(9) Procedures to ensure that persons are notified of their rights;
(10) The right to assistance in protecting a right or advocacy service in the exercise or protection of a right;
(11) Provisions for a fair, timely and impartial grievance procedure for the purpose of ensuring appropriate administrative resolution of grievances with respect to infringement of rights; and
(12) To the extent that resources are available, the establishment of the rights of long-term mentally ill patients containing the following requirements:(A) The right to a service system that employs culturally normative and valued methods and settings;(B) The right to the coordination of the disparate components of the community service system;(C) The right to individualized developmental programming which recognizes that each long-term mentally ill individual is capable of growth or slowing of deterioration;(D) The right to a continuum of community services allowing a gradual transition from a more intense level of service; and(E) The right to the maintenance of natural support systems, such as family and friends, and formal and informal networks of mutual and self-help.
(A) The right to a service system that employs culturally normative and valued methods and settings;
(B) The right to the coordination of the disparate components of the community service system;
(C) The right to individualized developmental programming which recognizes that each long-term mentally ill individual is capable of growth or slowing of deterioration;
(D) The right to a continuum of community services allowing a gradual transition from a more intense level of service; and
(E) The right to the maintenance of natural support systems, such as family and friends, and formal and informal networks of mutual and self-help.