(1) Each service provider must ensure each patient:
(a) Is admitted to treatment without regard to race, color, creed, national origin, religion, sex, sexual orientation, age, or disability, except for bona fide program criteria;
(b) Is reasonably accommodated in case of sensory or physical disability, limited ability to communicate, limited English proficiency, and cultural differences;
(c) Is treated in a manner sensitive to individual needs and which promotes dignity and self-respect;
(d) Is protected from invasion of privacy except that staff may conduct reasonable searches to detect and prevent possession or use of contraband on the premises;
(e) Has all clinical and personal information treated in accord with state and federal confidentiality regulations;
(f) Has the opportunity to review their own treatment records in the presence of the administrator or designee;
(g) Has the opportunity to have clinical contact with a same gender counselor, if requested and determined appropriate by the supervisor, either at the agency or by referral;
(h) Is fully informed regarding fees charged, including fees for copying records to verify treatment and methods of payment available;
(i) Is provided reasonable opportunity to practice the religion of their choice as long as the practice does not infringe on the rights and treatment of others or the treatment service. The patient has the right to refuse participation in any religious practice;
(j) Is allowed necessary communication:
(i) Between a minor and a custodial parent or legal guardian;
(ii) With an attorney; and
(iii) In an emergency.
(k) Is protected from abuse by staff at all times, or from other patients who are on agency premises, including:
(i) Sexual abuse or harassment;
(ii) Sexual or financial exploitation;
(iii) Racism or racial harassment; and
(iv) Physical abuse or punishment.
(l) Is fully informed and receives a copy of counselor disclosure requirements established under RCW 18.19.060
(m) Receives a copy of patient grievance procedures upon request; and
(n) In the event of an agency closure or treatment service cancellation, each patient must be:
(i) Given thirty days notice;
(ii) Assisted with relocation;
(iii) Given refunds to which the person is entitled; and
(iv) Advised how to access records to which the person is entitled.
(2) A faith-based service provider must ensure the right of patients to receive treatment without religious coercion by ensuring that:
(a) Patients must not be discriminated against when seeking services;
(b) Patients must have the right to decide whether or not to take part in inherently religious activities; and
(c) Patients have the right to receive a referral to another service provider if they object to a religious provider.
(3) A service provider must obtain patient consent for each release of information to any other person or entity. This consent for release of information must include:
(a) Name of the consenting patient;
(b) Name or designation of the provider authorized to make the disclosure;
(c) Name of the person or organization to whom the information is to be released;
(d) Nature of the information to be released, as limited as possible;
(e) Purpose of the disclosure, as specific as possible;
(f) Specification of the date or event on which the consent expires;
(g) Statement that the consent can be revoked at any time, except to the extent that action has been taken in reliance on it;
(h) Signature of the patient or parent, guardian, or authorized representative, when required, and the date; and
(i) A statement prohibiting further disclosure unless expressly permitted by the written consent of the person to whom it pertains.
(4) A service provider must notify patients that outside persons or organizations which provide services to the agency are required by written agreement to protect patient confidentially
(5) A service provider must notify an ADATSA recipient of the recipient's additional rights as required by WAC 388-800-0090
(6) The administrator must ensure a copy of patients' rights is given to each patient receiving services, both at admission and in case of disciplinary discharge.
(7) The administrator must post a copy of patients' rights in a conspicuous place in the facility accessible to patients and staff.
[Statutory Authority: RCW 70.96A.090, chapter 70.96A RCW, 2001 c 242, 42 C.F.R. Part 8. 03-20-020, § 388-805-305, filed 9/23/03, effective 10/25/03. Statutory Authority: RCW 70.96A.090 and chapter 70.96A RCW. 00-23-107, § 388-805-305, filed 11/21/00, effective 1/1/01.]