WAC 246-337-075   Resident rights.  The licensee must establish a process to ensure resident rights are protected in compliance with chapter 71.12 RCW, this chapter, and with chapters 70.96A, 71.05, and/or 71.34 RCW, as applicable, depending on the service categories that are part of the RTF license. This process must address, at a minimum, how the RTF will:

     (1) Inform each resident in an understandable manner, his or her personal representative, designee or parent, of all rights, treatment methods, and rules applicable to the proposed health care of a particular resident.

     (2) Document that each resident received a written copy of his or her rights on or before admission.

     (3) Address use of emergency interventions such as use of youth behavior management guidelines, restraint and/or seclusion, the use of special treatment interventions, restriction of rights and parameters of confidentiality.

     (4) Allow residents, their personal representatives, and parents, to review resident files in accordance with chapter 70.02 RCW.

     (5) Ensure that each resident is treated in a manner that respects individual identity, human dignity and fosters constructive self-esteem by ensuring each resident has the right to:

     (a) Be free of abuse, including being deprived of food, clothes or other basic necessities;

     (b) Be free of restraint and/or seclusion, except as provided in WAC 246-337-110;

     (c) Participate or abstain from social and religious activities;

     (d) Participate in planning his or her own health care and treatment that considers their own medical and/or mental health advance directives;

     (e) Refuse to perform services for the benefit of the RTF unless agreed to by the resident, as a part of the individual health care plan and in accordance with applicable law;

     (f) Inform each resident of the cost of treatment;

     (g) Inform each resident in writing of the department contact information, including telephone number and mailing address;

     (h) Inform each resident that the resident may file a complaint with the department regarding the RTF's noncompliance with any part of this chapter, without interference, discrimination or reprisal. The resident may choose whether to notify the RTF of the complaint;

     (i) Promote a healthy, safe, clean and comfortable environment;

     (j) Protect each resident from invasion of privacy: Provided that reasonable means may be used to detect or prevent items that may be harmful or injurious to the resident or others, from being possessed or used on the premises.

     (6) Protect the confidentiality of treatment and personal information when communicating with individuals not associated or listed in the resident individual's treatment plan or confidentiality disclosure form.

     (7) Comply with reporting requirements of suspected incidents of child or adult abuse and neglect in accordance with chapters 26.44 and 74.34 RCW.

     (8) Account for each resident's assets, including allowance, earnings from federal or state sources and expenditures.

     (9) Assist each resident, upon request, in sending written communications of the fact of the resident's commitment in the RTF to friends, relatives, or other persons.



[Statutory Authority: Chapter 71.12 RCW. 05-15-157, § 246-337-075, filed 7/20/05, effective 8/20/05.]