Client Rights and Responsibilities

Client Rights

A. ALL SERVICES

Each individual has basic rights to humane care and treatment that cannot be limited under any circumstances. Rights that cannot be limited and apply to all settings are:
a. To receive prompt and comprehensive evaluation, care and treatment.
b. To humane care and treatment.
c. To be addressed and referred to on the basis of their self-identified gender, using their pronouns and name in use.
d. To be informed regarding diagnosis, prognosis, in terms that are easily understandable both orally and in writing.
e. Receive sufficient information to enable client to give informed consent prior to the initial of any procedure or treatment
f. To be provided with an interpreter according to policies 7.02 and 7.03, if necessary.
g. To receive these services in the least restrictive environment.
h. To receive these services in a clean and safe setting.
i. To use restrooms which match their gender identity.
j. To not be denied admission or services on the basis of race, color, religion, sex, sexual orientation, gender identity or expression, national origin, ancestry, age, protected veteran status, disability status, political affiliation or belief, genetics, marital status, pregnancy status, or any other legally protected status.
k. To confidentiality of information and records in accordance with federal and state law and regulation.
Federal laws and regulations do not protect any information related to suspected harm to self or others and suspected child abuse or neglect from being reported under state law to appropriate state of local authorities.
l. To be treated with dignity and addressed in a safe, respectful, age appropriate manner.
m. To be free from abuse, neglect, corporal punishment and other mistreatment such as humiliation, threats or exploitation.
n. To medical care and treatment in accordance with acceptable standards of medical practice, if the certified recovery service or psychiatric program offers medical care and treatment.
o. To consult with a private, licensed practitioner at one's own expense.
p. To have freedom from financial or other exploitation.
q. To have the same legal rights and responsibilities as any other citizen, unless otherwise prescribed by law.
r. To be the subject of an experiment or research only with one's informed, written consent, or the consent of an individual legally authorized to act. Research or experiments involving clients shall be reviewed and approved by Burrell's Research Committee prior to being implemented.
s. Refuse hazardous treatment unless a person legally authorized to act on behalf of the client has given Burrell permission to proceed with treatment.
t. Request and receive a second opinion before hazardous treatment, except in an emergency.
u. To have access to and amend your records when information is thought to be in accurate or incomplete.
v. Not participate in non-therapeutic labor.
w. Receive an impartial review of alleged violation of rights.
x. Ask questions about the qualifications and experience of your provider. Ask questions about any procedures used in treatment.
y. Have the opportunity to provide feedback to Burrell.

2. For individuals in Eating Disorder Treatment:
a. Right to accessible, high-quality, fully funded specialized care.
b. Right of carer(s) to be informed, valued and respected as a treatment resource.
c. Right of carer(s) to accessible, appropriate support and educational resources.

3. Each individual shall have further rights and privileges, which can be limited only to ensure personal safety' or the safety of others. Any limitation due to safety considerations shall occur only if it is:
a. Applied on an individual basis;
b. Authorized by the relevant department head or designee;
c. Documented in the client's individual record;
d. Justified by sufficient documentation;
e. Reviewed on a regular basis at the time of each individual treatment plan (ITP) review; and
f. Rescinded at the earliest clinically appropriate moment.

4. Rights of clients shall be communicated in a manner that is meaningful prior to admission and annually. All information is to be transmitted in a manner that is clear and understandable to the client. Rights will be available for review and explanation at all times.
a. A notice to clients about rights, responsibilities, expressing opinions, making recommendations and filing grievances shall be posted prominently at each Burrell Behavioral Health facility.
b. At admission and annually, as part of the intake/financial update conducted by designated support/clinical staff or as otherwise directed by the program director, each client shall receive a program brochure and/or other printed material, written in plain language, that describes the program's facilities, services, costs, rules, client rights and responsibilities and available grievance procedures.
c. Staff shall read and explain this information to the client if they cannot read or understand it.
d. Staff shall document the explanation of program rules by use of a form, signed by the client that is placed in the clinical record.

5. In addition to rights and privileges listed above, acceptance into a Burrell Behavioral Health program or services will adhere to the following principles. Whenever feasible, clients will be given choice in provider, treatment setting and modality, concurrent services, etc.
a. Clients shall be treated on a voluntary rather than involuntary basis whenever possible.
b. No client may be denied treatment solely on the basis of withdrawal from treatment against advice on a prior occasion.
c. No client may be denied treatment because of a relapse after earlier treatment.
d. Any indication of a substance abuse problem will be documented in the client's treatment record.

6. Clients shall be assured privacy for visits with a spouse (including a same-sex spouse), domestic partner or other designated family member. If both individuals are residents or clients, they shall be permitted to share a room, unless such arrangement is inconsistent with a client's care or treatment.

7. In all care and treatment settings, each individual shall have the right to review and have copies of one's own record, except that specific information or records provided by other individuals or agencies may be excluded from such review. The Burrell program may require a staff member to be present whenever an individual accesses their record.

B. RESIDENTIAL SERVICES

1. The following additional rights apply to residential settings, or where otherwise applicable, and likewise cannot be limited under any circumstance.
a. To a nourishing, well-balanced and varied diet.
b To safe and sanitary housing.
c. To attend or not attend religious services.
d. To communicate by sealed mail with the Department of Mental Health, other individuals, and, if applicable, legal counsel and a court of competent jurisdiction.
e. To receive visits from one's attorney, physician or clergy in private at a reasonable time.
f. To be paid for work unrelated to treatment, except that an individual may be expected to perform limited tasks and chores within the program that are designed to promote personal involvement and responsibility, skill building or personal support. Any tasks and chores beyond routine care and cleaning of activity or bedroom areas within the program must be directly related to recovery and treatment plan goals developed with the individual client.
g. To not be subjected to any hazardous treatment or surgical procedure unless they or their guardian consents, or unless it is ordered by a court of competent jurisdiction.
h. To wear one's own clothes and keep and use one's own personal possessions.
i. To use restrooms in accordance with their gender identity.
j. To keep and be allowed to spend a reasonable amount of one's own funds.
k. To have reasonable access to a telephone to make and receive confidential calls.
l. To have reasonable access to current newspapers, magazines and radio and television programming.
m. To be free from seclusion and restraint.
n. To have opportunities for physical exercise and outdoor recreation.
o. To receive visitors of one's own choosing at a reasonable hour.
p. To communicate by sealed mail with individuals outside the facility.
q. To have access to his/her mental and medical records.

Client Responsibilities include:

1. In providing care, health care organizations have the right to expect behavior on the part of clients/patients and their families and friends that is reasonable and responsible. Admissions staff shall review with the client/patient their responsibilities. Such responsibilities include, but are not limited to:
   
   a. Provision of information. Clients have the responsibility to provide, to the best of their knowledge, accurate and complete information about present complaints, past illnesses, hospitalizations, medications and other matters relating to their health/mental health. The client has the responsibility to report unexpected changes in their condition to the responsible practitioner. A client is responsible for reporting whether they clearly comprehend a contemplated course of action and what is expected of them.
   b. Compliance with instructions. A client is responsible for following the treatment plan that they develop with their clinician. The client should express their concerns regarding their inability to comply with a planned course of treatment (and every effort should be made to adjust the treatment plan to the client's specific needs and limitations). When such adaptation of the treatment plan is not clinically indicated the client has the responsibility of understanding the consequences of the treatment alternatives and of noncompliance with the proposed course of treatment.
   c. Refusal of Treatment. The client is responsible for the outcomes if they refuse treatment or do not follow the practitioner's instructions.
   d. Rules and Regulations. The client is responsible for following the rules and regulations affecting client/patient care and conduct at Burrell Behavioral Health as explained by your provider and/or treatment team. These include, but are not limited to:
   1. 1. Burrell does not allow smoking on property owned or leased by Burrell Behavioral Health.
      2. Burrell requests that illegal drugs not be brought to any facility location. Should illegal drugs be discovered, they will be confiscated and destroyed.
      3. Clients utilizing one of Burrell's residential programs should give any prescription medications to the facility for proper distribution and safekeeping. Prescription medications shall be returned by these programs upon discharge.
      4. Weapons are not to be brought to any Burrell facility.
      5. Burrell's program and services, with the exception of our youth residential facilities, do not utilize seclusion and restraint. At those facilities, seclusion and restraint may be utilized to protect the safety of the residents.
         
         e. Respect and Consideration. The client is responsible for being considerate of the rights of other clients/patients and Burrell personnel and for assisting in the control of noise, smoking and distractions. The client/patient is responsible for being respectful of the property of other persons and that of Burrell Behavioral Health.

2. Clients who exhibit treatment interfering/progress interfering behavior shall be treated in a firm but dignified manner consistent with therapeutic objectives. Refer to Policy 23.08 concerning behavior management.

3. Clients may express their opinions, make recommendations or resolve grievances directly to their clinician/therapist/ physician or in writing to the director of the treatment program they are involved in. A system of "suggestions, comments and complaints" cards is also available in all facility reception areas.