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PDFWAC 246-341-0600

Individual rights.

(1) Each behavioral health agency must protect and promote individual participant rights applicable to the services the agency is certified to provide in compliance with this chapter, and chapters 70.41, 71.05, 71.12, 71.24, and 71.34 RCW, as applicable.
(2) Each agency must develop a statement of individual participant rights applicable to the services the agency is certified to provide, to ensure an individual's rights are protected in compliance with chapters 70.41, 71.05, 71.12, 71.24, and 71.34 RCW, as applicable. To the extent that the rights set out in those chapters do not specifically address the rights in this subsection or are not applicable to all of the agency's services, the agency must develop a general statement of individual participant rights that incorporates at a minimum the following statements.
"You have the right to:"
(a) Receive services without regard to race, creed, national origin, religion, gender, sexual orientation, age or disability;
(b) Practice the religion of choice as long as the practice does not infringe on the rights and treatment of others or the treatment service. Individual participants have the right to refuse participation in any religious practice;
(c) Be reasonably accommodated in case of sensory or physical disability, limited ability to communicate, limited-English proficiency, and cultural differences;
(d) Be treated with respect, dignity and privacy, except that staff may conduct reasonable searches to detect and prevent possession or use of contraband on the premises or to address risk of harm to the individual or others. "Reasonable" is defined as minimally invasive searches to detect contraband or invasive searches only upon the initial intake process or if there is reasonable suspicion of possession of contraband or the presence of other risk that could be used to cause harm to self or others;
(e) Be free of any sexual harassment;
(f) Be free of exploitation, including physical and financial exploitation;
(g) Have all clinical and personal information treated in accord with state and federal confidentiality regulations;
(h) Participate in the development of your individual service plan and receive a copy of the plan if desired;
(i) Make a mental health advance directive consistent with chapter 71.32 RCW;
(j) Review your individual service record in the presence of the administrator or designee and be given an opportunity to request amendments or corrections; and
(k) Submit a report to the department when you feel the agency has violated your rights or a WAC requirement regulating behavioral health agencies.
(3) Each agency must ensure the applicable individual participant rights described in subsections (1) and (2) of this section are:
(a) Provided in writing to each individual on or before admission;
(b) Available in alternative formats for individuals who are visually impaired;
(c) Translated to the most commonly used languages in the agency's service area;
(d) Posted in public areas; and
(e) Available to any participant upon request.
(4) At the time of admission and upon client request, the agency must provide each client with information on how to file a report to the department if they feel their rights or requirements of this chapter have been violated.
[Statutory Authority: RCW 71.24.037, 71.05.560, 71.34.380, 18.205.160, 43.70.080(5), 41.05.750, 43.70.250, and 74.09.520 and chapters 71.05, 71.12, 71.24 and 71.34 RCW. WSR 22-24-091, § 246-341-0600, filed 12/6/22, effective 5/1/23. Statutory Authority: RCW 71.24.037, 71.05.560, 71.34.380, 18.205.160, 71.24.037 and chapters 71.05, 71.24, and 71.34 RCW. WSR 21-12-042, § 246-341-0600, filed 5/25/21, effective 7/1/21. Statutory Authority: 2018 c 201 and 2018 c 291. WSR 19-09-062, § 246-341-0600, filed 4/16/19, effective 5/17/19.]
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