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WAC 246-341-1156

Mental health inpatient servicesCompetency evaluation and restorationRights.

(1) An agency providing competency evaluation and restoration treatment services must develop a statement of individual participant rights to ensure an individual's rights are protected. The statement must incorporate at a minimum all of the following. You have the right to:
(a) Receive services without regard to race, creed, national origin, religion, gender, sexual orientation, age or disability;
(b) Practice the religion of choice as long as the practice does not infringe on the rights and treatment of others or the treatment services and, as an individual participant, the right to refuse participation in any religious practice;
(c) Reasonable accommodation in case of sensory or physical disability, limited ability to communicate, limited English proficiency, or cultural differences;
(d) Respect, dignity and privacy, except that agency staff members may conduct reasonable searches to detect and prevent possession or use of contraband on the premises;
(e) Be free of sexual harassment;
(f) Be free of exploitation, including physical and financial exploitation;
(g) Have all clinical and personal information treated in accord with state and federal confidentiality rules and laws;
(h) Review your clinical record in the presence of the administrator or the administrator's designee and the opportunity to request amendments or corrections;
(i) Upon request, receive a copy of the agency's internal procedures for addressing reported concerns that may amount to a complaint or grievance; and
(j) Submit a report to the department when you believe the agency has violated a Washington Administrative Code (WAC) requirement that regulates facilities.
(2) Each agency must ensure the applicable individual participant rights described in subsection (1) of this section are:
(a) Provided in writing to each individual on or before admission;
(b) Posted in public areas;
(c) Available in alternative formats for an individual who is visually impaired;
(d) Translated to a primary or preferred language identified by an individual who does not speak English as the primary language, and who has a limited ability to read, speak, write, or understand English; and
(e) Available to any individual upon request.
(3) Each agency must ensure all research concerning an individual whose cost of care is publicly funded is done in accordance with chapter 388-04 WAC, the protection of human research subjects, and other applicable state and federal rules and laws.
(4) In addition to the requirements in this section, each agency enrolled as either a medicare or medicaid provider, or both, must ensure an individual seeking or participating in competency evaluation or restoration treatment services, or the person legally responsible for the individual is informed of the medicaid rights at time of admission in a manner that is understandable to the individual or legally responsible person.
[Statutory Authority: 2018 c 201 and 2018 c 291. WSR 19-09-062, § 246-341-1156, filed 4/16/19, effective 5/17/19.]
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