A. The center shall post the list of resident rights in areas of the center where the residents can read the posting. A resident of a residential treatment center has the right to:
- (1) Be treated with respect;
- (2) Have their cultural spiritual, personal beliefs, values, and preferences respected;
- (3) Personal privacy;
- (4) Practice their religious beliefs;
- (5) Receive information about care and treatment in a manner that he or she understands;
- (6) Be free from neglect, exploitation, and verbal, sexual, physical, and mental abuse;
- (7) Access protection and advocacy services;
- (8) Receive care in a safe setting;
- (9) File a complaint and have it investigated without fear of retribution;
- (10) Have visitors in accordance with the center’s visitation policy;
- (11) Send and receive mail;
- (12) Consult with their attorney, advocate, or social worker in private; and
- (13) Make and receive telephone calls in accordance with the center’s policy.
B. The resident’s parents or guardians or, if the resident is age 18 or older, the resident shall have the right to:
- (1) Be involved in the treatment planning process;
- (2) Consent to treatment and medication;
- (3) Be informed of changes in the treatment plan and medication regimen;
- (4) Withhold consent for treatment; and
- (5) Have complaints investigated in a timely manner.
- C. A resident’s rights shall only be restricted if the provision of that right poses a threat to the therapeutic needs of the resident or places the resident’s or other residents’ safety and security at risk.
- D. Restrictions on a resident’s rights shall be documented in the treatment plan and reviewed and approved by the treatment team.
- E. Restrictions on a resident’s rights shall be removed as soon as possible when the restriction is not therapeutically indicated.
Authority: Health-General Article, §§19-301, 19-305, 19-308, 19-309, 19-320, 19-323, and 19-360, Annotated Code of Maryland
Effective date: April 17, 1967
Amended effective March 27, 1973
Amended effective March 22, 1974
Regulation .02C amended effective January 20, 2014 (41:1 Md. R. 13)
Regulation .03 amended effective March 13, 2017 (44:5 Md. R. 292)
Regulation .03A amended effective August 29, 2016 (43:17 Md. R. 953)
Regulation .11B amended effective February 15, 2016 (43:3 Md. R. 272)
Chapter revised effective May 22, 2017 (44:10 Md. R. 472)
Regulation .02B amended effective June 8, 2026 (53:11 Md. R. 484)
Regulation .04A, D amended effective June 8, 2026 (53:11 Md. R. 484)
Regulation .17B amended effective June 8, 2026 (53:11 Md. R. 484)
Annotation: COMAR 10.07.04 cited in Attorney General Opinion No. 82-034 (November 18, 1982)