Section 22-A502. CONSUMER RIGHTS REGARDING THE USE OF RESTRAINTS AND SECLUSION

 

502.1All MH provider staff shall treat each consumer receiving mental health services and supports with consideration and respect for the consumer's dignity, autonomy and privacy at all times.

 

502.2Each consumer shall be provided a verbal explanation of the MH provider's Restraint and Seclusion Policy at intake or the next subsequent contact with the consumer. If the consumer is a minor or a legally incompetent adult, the consumer's parent(s) or legal guardian(s) shall also be given copies of the Restraint and Seclusion Policy.

 

502.3Each MH provider shall communicate its restraint and seclusion policy in a language the consumer, or the consumer's parent(s) or legal guardian(s) understand. When necessary, the MH provider shall provide interpreters or translators, including those for American Sign Language.

 

502.4Each MH provider shall request consumers to sign an acknowledgement of the explanation of the MH provider's Restraint and Seclusion Policy and document the acknowledgement in each consumer's clinical record.

 

502.5Each consumer shall be provided the opportunity to document his or her advance instructions regarding treatment preferences in the event of a psychiatric emergency in accordance with the requirements of 22-A DCMR Chapter 1 and DMH policy on the use of advance instructions. If the consumer is a minor or legally incompetent adult, the consumer's parent(s) or legal guardian(s) shall also be given the opportunity to document advance instructions in accordance with the requirements of 22-A DCMR Chapter 1 and DMH policy on the use of advance instructions.

 

502.6Advance instructions regarding treatment preferences in the event of a psychiatric emergency shall be placed in the consumer's clinical record in accordance with the requirements of 22-A DCMR Chapter 1 and DMH policy.

 

authority

Sections 114 and 209 of the Mental Health Service Delivery Reform Act of 2001, effective December 18, 2001 (D.C. Law 14-56; D.C. Official Code §§ 7-1131.14 and 1231.09 (2001 ed.)).

source

Emergency and Proposed Rulemaking published at 51 DCR 8691 (September 3, 2004)[EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 51 DCR 11863 (December 31, 2004)[EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 52 DCR 5957 (June 24, 2005)[EXPIRED]; as amended by Final Rulemaking published at 52 DCR 7229 (August 5, 2005).