1. (a) Access to or the use of a client’s personal funds or property may not be used as a reward or punishment.

2. (b) A client’s personal funds or property may not be used as payment for damages unless the client consents to make restitution for the damages. The following consent provisions apply unless there is a court-ordered restitution:

   1. (1) A separate written consent is required for each incidence of restitution.
   2. (2) Consent shall be obtained in the presence of the client or a person designated by the client.
   3. (3) The facility may not coerce the client to provide consent.

Authority

The provisions of this § 2390.180 issued under sections 201(2), 403(b), 403.1(a) and (b), 911 and 1021 of the Human Services Code (62 P.S. § § 201(2), 403(b), 403.1(a) and (b), 911 and 1021); and section 201(2) of the Mental Health and Intellectual Disability Act of 1966 (50 P.S. § 4201(2)).

Source

The provisions of this § 2390.180 adopted October 4, 2019, effective in 120 days, 49 Pa.B. 5777.