Section 29-6322. PRIVACY

 

6322.1An independent living program shall provide for a resident's reasonable privacy with respect to his or her person, property, and living quarters, including by knocking before entering any residence and allowing the resident a reasonable amount of time to respond to the knock before entering.

 

6322.2An independent living program may limit a resident's privacy as reasonably necessary to protect the health, safety, or welfare of the resident or others. Any such limitation shall be set forth in the resident's initial ITILP or ITILP, pursuant to § 6341, and documented in the resident's case record.

 

6322.3An independent living program shall maintain the confidentiality of a resident's need for medications, except as necessary to provide services to the resident.

 

6322.4The independent living program shall prohibit the use of listening devices for observation of a resident in the main facility and apartments, unless otherwise required by court order. This section may not be read to prohibit the use of a baby monitor used to monitor the well-being of an infant.

 

6322.5Except as provided by § 6322.6 and other than a photograph taken of a resident upon admission into the independent living program pursuant to § 6340.1(c), an independent living program may not create or use a photograph, audio-tape, artwork, or writing of a residence who is less than eighteen (18) years of age without the written authority of the resident, resident's parent(s) or guardian(s), and contracting entity, except that consent of the parent(s) or guardian(s) is not required if reasonable efforts to consult the parent(s) or guardian(s) have been made but a parent or guardian cannot be located.

 

6322.6An independent living program may not use any photograph of a resident for public relations or fundraising purposes.

 

6322.7A resident under the age of eighteen (18) may not participate in a public performance without the written authority of the resident, the resident's parent(s) or guardian(s), and the contracting entity, unless otherwise provided by court order, except that consent of the parent(s) or guardian(s) is not required if reasonable efforts to consult the parent(s) or guardian(s) have been made but a parent or guardian cannot be located.

 

6322.8Except as provided by § 6322.6, a resident who is eighteen (18) years of age or older may consent to an independent living program's creation or use of a photograph, audio-tape, artwork, or writing of the resident, or to her or his own participation in a public performance. The independent living program shall provide written notice to the contracting entity at least two (2) business days prior to the creation, use, or participation.

 

source

Final Rulemaking published at 49 DCR 1591 (February 22, 2002).