PURPOSE: This rule prescribes limited and unlimited rights of consumers of all community residential facilities or day programs as required by section 630.705, RSMo.

1. (1) Under Title VI of the Civil Rights Act of 1964, (P.L. 88-352), and the Americans with Disabilities Act of 1990 (ADA, P.L. 101- 336), no consumer shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination on the grounds of race, color, national origin or disability.

2. (2) As set out in section 630.115, RSMo, each resident or client shall be entitled to the following rights without limitations:

   1. (A) To humane care and treatment;
   2. (B) To the extent that the facilities, day programs, equipment and personnel are available, to medical care and treatment in accordance with the highest standards accepted in medical practice;
   3. (C) To safe and sanitary housing;
   4. (D) To not participate in nontherapeutic labor;
   5. (E) To attend or not to attend religious services;
   6. (F) To receive prompt evaluation and care, treatment and habilitation about which s/he is informed insofar as s/he is capable of understanding;
   7. (G) To be treated with dignity as a human being;
   8. (H) To not be the subject of experimental research without his/her prior written and informed consent or that of his/her parent, if a minor, or his/her guardian;
   9. (I) To have access to consultation with a private physician at his/her own expense;
   10. (J) To be evaluated, treated or habilitated in the least restrictive environment;
   11. (K) To not be subjected to any hazardous treatment or surgical procedure unless s/he, his/her parent, if s/he is a minor, or his/her guardian consents; or unless this treatment or surgical procedure is ordered by a court of competent jurisdiction;
   12. (L) In the case of hazardous treatment or irreversible surgical procedures, to have, upon request, an impartial review prior to implementation, except in case of emergency procedures required for the preservation of his/her life;
   13. (M) To a nourishing, well-balanced and varied diet;
   14. (N) To be free from verbal and physical abuse; and
   15. (O) To an impartial review of alleged violations of rights.

3. (3) As set out in section 630.110, RSMo, each resident or client shall be entitled to the following rights except if the head of the facility or program determines that it is inconsistent with the resident's and client's therapeutic care, treatment, habilitation or rehabilitation:

   1. (A) To wear his/her own clothes and to keep and use his/her own personal possessions;
   2. (B) To keep and be allowed to spend a reasonable sum of his/her own money;
   3. (C) To communicate by sealed mail or otherwise with persons including agencies inside or outside the facility or day program;
   4. (D) To receive visitors of his/her own choosing at reasonable times;
   5. (E) To have reasonable access to a telephone both to make and receive confidential calls;
   6. (F) To have access to his/her mental and medical records;
   7. (G) To have opportunities for physical exercise and outdoor recreation; and
   8. (H) To have reasonable, prompt access to current newspaper, magazines and radio and television programming.
4. (4) Any limitation imposed by the head of the facility or day program or his/her designee on the exercise of the rights enumerated in section (3) of this rule by a resident or client and the reasons for these limitations shall be documented on his/her record.
5. (5) Married residents or clients shall be assured privacy for visits by a spouse. If both a husband and wife are residents or clients of a facility or day program, they shall be permitted to share a room. This right may be limited to the extent that the head of the facility or day program finds it inconsistent with the residents’ or clients’ care, treatment and habilitation.
6. (6) Each resident or client shall have an absolute right to receive visits, in private at 9 CSR 40-2

reasonable times, from his/her attorney, physician, clergyman or department case manager.

1. (7) Notwithstanding any limitations authorized under this section on the right of communication, every resident or client shall be entitled to communicate by sealed mail with the department, his/her legal counsel and with the court, if any, which has jurisdiction over the person.
2. (8) As set out in section 630.120, RSMo, no resident or client, either voluntary or involuntary, shall be presumed to be incompetent, to forfeit any legal right, responsibility or obligation or to suffer any legal disability as a citizen, unless otherwise prescribed by law, as a consequence of receiving evaluation, care, treatment, habilitation or rehabilitation for a mental disorder, mental illness, mental retardation or developmental disability.
3. (9) The facility or day program shall prominently post a list of resident or client rights in activity areas.
4. (10) Facilities or programs having a licensed capacity of ten (10) or more residents or clients shall appoint a resident or client rights committee whose function shall be to review existing and planned programs with the administration ensuring that legal rights of residents or clients are upheld, including the right to habilitation, right to education, right to treatment, right to communication, right to protection from harm and abuse and the right to adequate programming for individual needs.
5. (11) As set out in section 630.760, RSMo, in addition to rights provided for residents or clients of community residential facilities or day programs licensed by the department, residents or clients in community residential facilities or day programs licensed by the department shall have the same rights as residents or clients, as defined in Chapter 198, RSMo, have under section 198.088, RSMo.

AUTHORITY: sections 630.050, 630.135, 630.168 and 630.705, RSMo 1994.* Original rule filed Oct. 13, 1983, effective Jan. 15, 1984. Amended: Filed March 14, 1984, effective Aug. 15, 1984. Amended: Filed April 1, 1993, effective Dec. 9, 1993. Amended: Filed July 17, 1995, effective March 30, 1996. *Original authority: 630.050 and 630.135, RSMo 1980; 630.168, RSMo 1980, amended 1987; and 630.705, RSMo 1980, amended, 1982, 1984, 1985, 1990.