EDWIN FAIR COMMUNITY MENTAL HEALTH CENTER, INC.
CONSUMER'S BILL OF RIGHTS
Each consumer has the right to be treated with respect and dignity and will be provided the synopsis of the Bill of Rights as listed below:
THE CONSUMER HAS THE FOLLOWING RIGHTS:
• Each consumer shall retain all rights, benefits, and privileges guaranteed by law except those lost through due process of law.
• Each consumer has the right to receive services suited to his or her condition in a safe, sanitary and humane treatment environment regardless of race, religion, gender, ethnicity, age, degree of disability, handicapping condition or sexual Unofficial Copy: OAC Title 450:15 24 Effective 07/01/2013.
• No consumer shall be neglected or sexually, physically, verbally, or otherwise abused.
• Each consumer shall be provided with prompt, competent, and appropriate treatment; and an individualized treatment plan. A consumer shall participate in his or her treatment programs and may consent or refuse to consent to the proposed treatment. The right to consent or refuse to consent may be abridged for those consumers adjudged incompetent by a court of competent jurisdiction and in emergency situations as defined by law. Additionally, each consumer shall the right to the following:
• (A) Allow other individuals of the consumer’s choice to participate in the consumer’s treatment and with the consumer’s consent;
• (B) To be free from unnecessary, inappropriate, or excessive treatment;
• (C) To participate in consumer’s own treatment planning;
• (D) To receive treatment for con-occurring disorders if present;
• (E) To not be subject to unnecessary, inappropriate, or unsafe termination from treatment; and
• (F) To not be discharged for displaying symptoms of the consumer’s disorder.
• Each consumer legally entitled to vote shall be assisted to register and vote when they so request.
• Each consumer has the right to request the opinion of an outside medical or psychiatric consultant at his or her own expense or a right to an internal consultation upon request at no expense. .
• All adult mental health consumers being served by a licensed mental health professional shall have the right to name a treatment advocate.
• Every consumer's record shall be treated in a confidential manner. A consumer or his/her legally authorized representative shall have the right to request access to the consumer’s own mental health or alcohol or drug abuse treatment record.
• No consumer shall be required to participate in any research project or medical experiment without his or her informed consent as defined by law. Refusal to participate shall not affect the services available to the consumer.
• A consumer shall have the right to assert grievances with respect to an alleged infringement on his or her rights. A grievance may be presented by a consumer, family member, or person appointed by the consumer. Upon receipt of a written grievance, the Edwin Fair Center will have five working days to respond.
• A written notice of the grievance procedure is provided to each consumer or guardian and to an individual of the consumer’s choice. The procedures for review of grievances will be explained to the person served in a manner that is understandable. A discussion between the consumer and primary therapist will be the first step toward resolution. If a resolution is not obtained, the matter is referred to the supervisor and/or administrator of the primary therapist. If the matter continues to be unresolved, it shall be referred to the Clinical Director, Melodie Heupel, and Executive Director, Gary Wilburn, or the Executive Director's designee, for final determination as the grievance coordinator. A written statement informing the consumer as to the outcome of the review shall be provided no later than 14 calendar days after receipt of a written grievance. The consumer shall be provided any assistance necessary and informed of the availability of the facility’s local advocate or the Consumer Advocacy Division of the Oklahoma Department of Mental Health and Substance Abuse Services and inform the consumer of the mechanism for contacting the Consumer Advocacy Division. A consumer shall have unimpeded and confidential access to the facilities local advocate and the Oklahoma Department of Mental Health and Substance Abuse Service office of consumer advocacy. No policy or procedure shall require contact with the facility’s local advocate prior to contacting the ODMHSAS office of consumer advocacy. The ongoing monitoring of the grievance process and, based on outcomes, adjust and improve processes; the individual(s) designated as a facility's local advocate shall be responsible for coordinating and monitoring the facility’s advocacy activities and contacts with the ODMHSAS Office of Consumer Advocacy. Duties of the facility's local advocate shall include, but is not limited to: Serve as the on-sight advocate for consumers being treated or under the care of the program or facility and act as a liaison to the ODMHSAS Office of Consumer Advocacy. Such activities may include; Assist consumers in filing grievances; Serve as resource for consumers for questions or information dissemination about the facility, admission and discharge processes, or other basic human needs while in treatment; and Make contact with consumers involved in or who witness Critical Incidents or Sentinel Events while in treatment to ensure needs are being met. Serve as facility or program liaison to the Office of Consumer Advocacy in advocacy activities. The provision of written notification to the consumer of the grievance outcome and mechanism by which an individual may appeal the outcome both verbally and in a handout:
o A mechanism to monitor the grievance process and improve performance based on outcomes o An annual review of the grievance policy and procedure and the ongoing monitoring of the grievance process and based on outcomes adjust and improve the process.
For any grievance acted upon, the consumer shall have the responsibility of providing a statement in written form. EFC shall have responsibility of response and resolution in a timely manner.
• Consumers shall be permitted to establish and participate in a consumer committee or consumer government by unit or facility-wide, have access to self-help and advocacy support services, and/or access or referral to legal entities for appropriate representation.
• No consumer shall be retaliated against or subjected to any adverse change of conditions or treatment because the consumer asserted his or her rights.
The following rights apply to all consumers and residential treatment:
• Each consumer, on admission, shall have the absolute right to private uncensored communication with a relative, friend, clergy, or attorney by phone or mail, at the facility's expense if the consumer is indigent.
• Each consumer retains the right of confidential communication with his or her attorney, personal physician, or clergy.
• Each consumer is entitled to uncensored private communication (letter, telephone, personal visits); such letters or copies of letters shall not be kept in consumer treatment records.
• Each consumer shall have easy access to his or her personal funds deposited with the finance office, and shall be entitled to an accounting. A limitation on access to funds may be made when it is determined by the facility's director to be necessary and essential to prevent the consumer from unreasonably and significantly dissipating his or her assets.
• Each consumer may have his or her own clothing and other personal possessions. This right can be forfeited if the property is potentially dangerous to the consumer, others, or if the property is functionally unsafe.
• Each consumer shall have the right to practice his or her religious belief and be accorded the opportunity for religious worship. No consumer shall be coerced into engaging in or refraining from any religious activity, practice, or belief.
• A consumer may voluntarily participate in work therapy and must be paid fair compensation. However, each consumer is responsible for personal housekeeping tasks without compensation.
• A consumer being discharged shall have plans for outpatient treatment, sufficient medication, suitable clothing for the season, housing information and referral, and if consumer permits, family involvement in the plan.