(a)

1. (1) The psychiatric residential treatment facility shall have written policies and procedures defining the rights and responsibilities of residents that comply with 42 C.F.R. § 483.356 (2001).
2. (2) The policies shall present a clear statement defining how residents are to be treated by the psychiatric residential treatment facility, its personnel, and others involved in providing care.
3. (3) All policies shall be available for review upon request by a resident or a resident’s parent or legal guardian.

(b)

1. (1) A copy of the synopsis of the residents’ bill of rights must be prominently displayed within the psychiatric residential treatment facility.

2. (2) This shall include:

   1. (A) Restraint and seclusion policy for the protection of residents;
   2. (B) Each resident has the right to be free from restraint or seclusion, of any form, used as a means of coercion, discipline, convenience, or retaliation;
   3. (C) An order for restraint must not be written as a standing order or on an as-needed basis;
   4. (D) Restraint must not result in harm or injury of the resident and must be used only:

(i) To ensure the safety of the resident or others during an emergency safety situation; and

1. (ii) Until the emergency safety situation has ceased and the resident’s safety and the safety of others can be ensured, even if the restraint or seclusion order has not expired;

   1. (E) Each resident has the right to be free from abuse and neglect.

      1. (c)
2. (1) Upon admission to the psychiatric residential treatment facility, staff must provide the resident and his or her parent or legal guardian with a statement of rights and responsibilities and of all rules and regulations governing resident conduct and responsibilities.
3. (2) The psychiatric residential treatment facility is to communicate these expectations and rights during the period of not more than two (2) weeks before or five (5) working days after admission, unless medically contraindicated in writing.
4. (3) The psychiatric residential treatment facility shall obtain a signed acknowledgement from the resident and his or her parent or legal guardian.
5. (4) The acknowledgement is maintained in the resident’s medical record.