Section 29-2329. ADMINISTRATIVE SERVICES -- PATIENT RIGHTS AND PRIVILEGES

 

2329.1 A substance abuse treatment facility or program shall protect the following rights and privileges of each patient, without limitation:

 

(a) To be admitted and receive services in accordance with the Human Rights Act of 1977, effective December 13, 1977 (D.C. Law 2-38, D.C. Code, 2001 Ed. §2-1401.01 et seq.);

 

(b) To receive prompt evaluation, care and treatment, in accordance with the highest quality standards;

 

(c) To be evaluated and cared for in the least restrictive environment;

 

(d) To have the rehabilitation plan explained and to receive a copy of it;

 

(e) To have records kept confidential;

 

(f) To be treated with respect and dignity as a human being in a humane treatment environment that affords protection from harm, appropriate privacy, and freedom from verbal, physical, or psychological abuse;

 

(g) To be paid commensurate wages for work performed in the program which is unrelated to the patient’s treatment, in compliance with applicable local or federal requirements;

 

(h) To refuse treatment and or medication;

 

(i) To provide consent for all voluntary treatment and services;

 

(j) To refuse to participate in experimentation without the informed, voluntary, written consent of the patient or a person legally authorized to act on behalf of the patient; the right to protection associated with such participation; and the right and opportunity to revoke such consent;

 

(k) To be informed, in advance, of charges for services;

 

(l) To have the same legal rights and responsibilities as any other citizen, unless otherwise stated by law;

 

(m) To request and receive documentation on the performance track record of a program with regard to treatment outcomes and success rates;

 

(n) To assert grievances with respect to infringement of these rights, including the right to have such grievances considered in a fair, timely, and impartial manner;

 

(o) To receive written and verbal information on patient rights, privileges, program rules, and grievance procedures in a language understandable to the patient; and

 

(p) To receive services that incorporate cultural competence providing, at a minimum, access to sign language/TTI for the deaf or hearing impaired and language services for the monolingual or limited English speaking consumer.

 

2329.2 The facility or program shall have policies and procedures on rights and privileges of each patient, with limitations. The following rights and privileges may be limited on an individual basis after an administrative review with clinical justification documented in the record:

 

(a) To have access to one’s own record; and

 

(b) To be free from chemical or physical restraint or seclusion.

 

2329.3 Any limitation of a patient’s rights shall be re-evaluated at each rehabilitation plan review, or as often as clinically necessary.

 

2329.4 As soon as clinically feasible, the limitation of a patient’s rights shall be terminated and all rights restored.

 

2329.5 A substance abuse treatment facility or program shall post conspicuously a statement of patient rights, program rules and grievance procedures. The grievance procedures must inform patients that they may report any violations of their rights to the Department and shall include the telephone numbers of the Department, and any other relevant agencies for the purpose of filing complaints.

 

2329.6 At the time of admission to a facility or program, staff shall explain and document the explanation of program rules, patient rights, and grievance procedures by use of a form signed by the patient and witnessed by the staff person, to be placed in the patient’s record.

 

2329.7 A substance abuse treatment facility or program shall implement policies and procedures for the release of identifying information consistent with District laws and regulations regarding the confidentiality of patient records and “Confidentiality of Alcohol and Drug Abuse Patient Records” 42 C.F.R., Part 2.

 

2329.8 A substance abuse treatment facility or program shall develop and implement written grievance procedures to ensure a prompt, impartial review of any alleged or apparent incident of violation of rights or confidentiality. The procedures shall be consistent with the principles of due process and shall include but not be limited to:

 

(a) The completion of the investigation of any allegation or incident within thirty (30) calendar days;

 

(b) Providing a copy of the investigation report to the Department within twenty-four (24) hours of completing the investigation of any complaint; and

 

(c) Cooperating with the Department in completion of any inquiries related to patients’ rights conducted by Department staff.

 

 

source

Final Rulemaking published at 47 DCR 9341 (November 24, 2000), adopting Emergency and Proposed Rulemaking published at 47 DCR 7708, 7744 (September 22, 2000).