Policy: 166

Resident's Rights


  1. As a means of implementing this policy, all staff, interdisciplinary teams, and committees of the MDCBDSN are hereby authorized to assure that each person receiving services is:

    1. Fully informed, prior to or at the time of admission and during stay, of services available in the facility.
    2. Treated with consideration, respect and full recognition of his or her dignity and individuality, including privacy in treatment and in care for his or her personal needs.
    3. Encouraged and assisted, throughout the period of stay, to exercise rights as an individual and a citizen and may voice grievances and recommend changes in policies and services to facility staff and/or outside representatives of his or her choice, free from restraint, interference, coercion, discrimination or reprisal.
    4. Permitted through the mechanism of the Human Rights Committee to submit complaints.
    5. Fully informed by a physician of his/her health and medical condition unless medically contraindicated as documented by physician in the record and is afforded the opportunity to participate in the planning of his total care and medical treatment and to refuse treatment.
    6. Allowed to manage his/her personal financial affairs. In cases where the facility assists in such management, written authorization must be obtained from the consumer.
    7. Permitted to vote where he/she meets the community voter eligibility requirements.
    8. Allowed to participate in experimental research only after giving his/her informed written consent.
    9. Allowed to participate in activities of social, religious and community groups at his/her discretion, unless contraindicated for reasons documented by a Residential Administrator as appropriate in the consumer record.
    10. Insured that if married, he/she is assured privacy for visits by his/her spouse; if both are consumers in the facility, they are permitted to share a room.
    11. Permitted to wear his/her own clothes.
    12. Allowed to keep and use his/her own personal possessions, including toilet articles.
    13. Allowed to have access to locked storage space for personal articles.
    14. Permitted to receive visitors on any day.
    15. Allowed to have reasonable access to telephone and to make or receive confidential calls.
    16. Able to mail and receive unopened correspondence and access to a reasonable amount of letter writing material and postage.
    17. Allowed to participate in the formulation of his/her own annual plan, to include their choice of who leads their plan meeting.
    18. Consumers are informed of their rights to include Human Rights, Constitutional Rights, and Civil Rights. They are supported to learn and exercise their rights.

  2. All services, sections and units, interdisciplinary teams and committees are hereby authorized to formulate procedures appropriate to their operation which assure:

    1. A written therapeutic plan of training or treatment for each consumer.
    2. A record made of all training or treatment.
    3. A review of the consumer's lease and choice of setting at least annually.
    4. Each consumer is free from physical and mental abuse and neglect.
      1. Prior to the use of an emergency restraint, a physician will certify that the consumer is able to withstand the use of the restraint.
      2. That physical or chemical restraint, including confinement of a consumer is to be utilized only to prevent damage of or injury to himself or others, or as a measure of therapeutic treatment, and all instances of such physical or chemical restraint or individual confinement shall be recorded. Authorization of restraint can only be provided by the Executive Director or their designee and/or physician upon recommendation of an interdisciplinary team. The restraint must also be approved by the Human Rights Committee. Use of Emergency Restraints is promptly reported via physical restraint form to the program administrator and physician.
      3. That participation in a behavior supports plan involving use of restraints or aversive stimuli is only permitted with the informed consent of the consumer and guardian (if so appointed) and approved by the Human Rights Committee.
    5. That no unauthorized publication or use of a consumer's record, including information contained on automated data bank, shall be permitted. A consumer's records are deemed confidential and may be disclosed only with his or her written consent, unless authorized by law.
    6. That upon discharge a consumer receives, if needed, suitable clothing for and means of transportation to his residence.
    7. A consumer shall be transferred or discharged only for medical reasons for his/her welfare or that of other consumers, or for nonpayment for his/her stay.
    8. Consumers shall be informed of their rights under the applicable laws of the state and the related policies and procedures of the Department and the facility. Printed copies thereof shall be furnished and/or posted in appropriate places.
    9. That all employees of the Marion-Dillon County Board of Disabilities and Special Needs are effectively informed of the rights of consumers and the Department's policies and procedures for the care, treatment and promotion of consumer welfare.
    10. That all rights and responsibilities of the consumer devolve to the consumer's guardian, should the guardian be appointed by a court of law and consumer is adjudicated incompetant in accordance with state laws.
    11. Any staff member who is cognizant of a violation of consumer's rights shall immediately report to supervisor/management without fear or reprisal.

    12. All consumers shall have this policy explained to them and sign a copy which will be placed in their record.


It is the policy of the MDCBDSN that consumers retain all individual rights and privileges.

Effective Date:
June 1, 1998

February 24, 2011
September 26, 2019