Section 22-A100. PURPOSE AND APPLICATION

 

100.1The purpose of these rules is to protect and enhance the rights and protections of consumers by establishing:

 

(a)The specific procedures for obtaining informed consent to treatment from consumers, including treatment with medication;

 

(b)The specific procedures for obtaining informed consent to treatment when a consumer lacks capacity to make a treatment decision; and

 

(c)The specific procedures for obtaining a valid declaration of advance instructions regarding psychiatric care and treatment from a consumer.

 

100.2The rules in this Chapter are applicable to each MH provider and the DMH.

 

100.3For purposes of this Chapter, a MH provider includes all privately and publicly operated providers of mental health services and supports, including the public core services agency and St. Elizabeths Hospital. References to DMH refer to DMH when it is acting in its capacity as the mental health authority for the District.

 

100.4For purposes of this Chapter, each consumer 18 years of age or older who is receiving mental health services and supports is presumed to have the legal capacity to make treatment decisions unless:

 

(a)A court has declared the consumer incompetent to make treatment or health care decisions and has appointed a guardian to make such decisions;

 

(b)It has been determined that the consumer lacks the capacity to make a health care decision under § 5 of the Health-Care Decisions Act (HCDA), effective March 16, 1989 (D.C. Law 7-189; D.C. Official Code § 21-2204); or

 

(c)A court has explicitly ordered a consumer to participate in a specific form of treatment or to take medication.

 

100.5A person who is under 18 years old and seeks or receives mental health services or mental health supports may lawfully consent to treatment or make treatment decisions consistent with Section 214 of the Mental Health Services Delivery Reform Act of 2001 (Act), effective date December 18, 2001 (D.C. Law 14-56; D.C. Official Code §§ 7-1231.01 et seq.).

 

100.6Each consumer has the rights and protections set forth in the Mental Health Service Delivery Reform Act of 2001. In addition each consumer has the following rights and protections related to informed consent for treatment. The right to:

 

(a)Be treated with consideration and respect for dignity, autonomy, and privacy;

 

(b)Service in a humane setting that is the least restrictive feasible as defined in the consumer's service plan;

 

(c)Be informed of the consumer's own condition, of proposed or current services, treatment or therapies, and of the alternatives;

 

(d)Consent to or refuse any service, treatment, or therapy upon full explanation of the expected consequences of such consent or refusal, except as provided in § 100.4 of this chapter;

 

(e)Active and informed participation in the establishment, periodic review and reassessment of the consumer's service plan;

 

(f)Freedom from unnecessary or excessive medication;

 

(g)Freedom from unnecessary restraint or seclusion;

 

(h)Be informed of and refuse any unusual or hazardous treatment procedures, and to refuse to participate in research projects of experimental programs; and

 

(i)Be advised of and refuse observation by techniques such as one-way vision mirrors, tape recorders, televisions, movies or photographs.

 

100.7Each MH provider shall adhere to the requirements regarding posting and distributing the Consumer Rights Statement set forth in 22A DCMR, Chapter 3.

 

source

New by emergency and proposed rulemaking at 49 DCR 3058(July 19, 2002)[EXPIRED]; as amended by emergency and proposed rulemaking at 49 DCR 8768(September 20, 2002)[EXPIRED]; Final Rulemaking published at 49 DCR 11245 (December 13, 2002).