20 CAR § 408-404 – Client rights

(a)
1. (1) The facility shall develop, maintain, and follow written policies and procedures defining the rights and responsibilities of clients.
2. (2) The policies shall present a clear statement defining how clients are to be treated by the facility, its personnel, volunteers, and others involved in providing care.
(b) A copy of the synopsis of the Clients’ Bill of Rights must be prominently displayed within the facility in a general use area.
(c) Each client admitted to the facility is to be fully informed of these rights and of all rules governing client conduct and responsibilities.
(d) Appropriate means shall be utilized to inform non-English speaking, deaf, or blind clients of their rights.
(e) The facility shall communicate these expectations/rights during the period of not more than two (2) weeks before or five (5) working days after admission.
(f) The facility shall obtain a signed and dated acknowledgement from the client or his or her legal guardian that they have read and understand these rights.
(g) The signed and dated acknowledgement shall be maintained in the client’s file.
(h) Clients’ rights shall be deemed appropriately signed if signed by:
1. (1) A client capable of understanding: client and one (1) witness sign;
2. (2) A client incapable because of illness. the attending physician documents the specific impairment that prevents the client from understanding or signing their rights, and legal guardian and two (2) witnesses sign;
3. (3)
  1. (A)
(i) A client has intellectual disabilities: rights are read and if understood by the client, he or she and two (2) witnesses sign.
1. (ii) At least one (1) witness shall be an outside disinterested party.
  1. (B) If client cannot understand rights: a legal guardian and one (1) witness sign; and
2. (4) A client capable of understanding but signs with a mark other than name: client signs with a mark (i.e. “X”) and two (2) witnesses sign.
  1. (i)
3. (1) Facility employees shall be provided a copy of client rights and complete a signed and dated acknowledgement stating they have received and read the rights.
4. (2) A copy of the acknowledgement shall be placed in the employee’s personnel file.