Participant Rights

Each agency must ensure the rights provided under Section 66-412, Idaho Code, as well as the additional rights liste d below for each participant receiving DDA services. (3-17-22) 01. Participant Rights Provided Under Idaho Code. Provide the following rights for participants: (3-17-22) a. Humane care and treatment; (3-17-22) b. Not be put in isolation; (3-17-22) c. Be free of restraints, unless necessary for the safety of that individual or for the safety of others; (3-17-22) d. Be free of mental and physical abuse; (3-17-22) e. Voice grievances and recommend changes in policies or services being offered; (3-17-22) f. Practice their own religion; (3-17-22) g. Wear their own clothing and retain and use personal possessions; (3-17-22) h. Be informed of their medical and habilitative condition, of services available at the agency, and th e charges for the services; (3-17-22) i. Reasonable access to all records concerning themselves; (3-17-22) j. Refuse services; (3-17-22) k. Exercise all civil and all other rights established by law, unless limited by prior court order; (3-17-22) l. Privacy and confidentiality; (3-17-22) m. Receive a response from the agency to any request made within fourteen (14) business days; (3-17-22) n. Receive services that enhance the participant’s social image, personal competencies, and wheneve r possible, promote inclusion in the community; (3-17-22) o. Refuse to perform services for the agency. If the participant is hired to perform services for th e agency the wage paid must be consistent with state and federal law; and (3-17-22) p. Review the results of the most recent survey conducted by the Department and the accompanyin g plan of correction. (3-17-22) 02. Method of Informing Participants of Their Rights. Each agency must ensure and document tha t each participant receiving services is informed of their rights in the following manner: (3-17-22) a. Upon initiation of services, provide each participant and their parent or guardian, where applicable , with a packet of information that outlines rights, access to grievance procedures, and the names, addresses, an d telephone numbers of protection and advocacy services. This packet must be written in easily understood terms. (3-17-22) b. When providing center-based services, prominently post a list of the rights contained in thi s chapter. (3-17-22) c. Provide each participant and their parent or guardian, where applicable, with a verbal explanatio n of their rights in a manner that will best promote individual understanding of these rights. (3-17-22) 506. -- 509. (RESERVED) 510. POLICIES AND PROCEDURES REGARDING DEVELOPMENT OF RESTRICTIVE INTERVENTIONS. Each agency must develop and implement written policies and procedures that address restrictive interventions t o include the following: (3-17-22) 01. Protected Rights. Ensure the safety, welfare, and human and civil rights of participants are adequately protected. (3-17-22) 02. Appropriate Use of Interventions. Ensure interventions used to manage participants’ maladaptiv e behavior are never used: (3-17-22) a. For disciplinary purposes; (3-17-22) b. For the convenience of personnel; (3-17-22) c. As a substitute for a needed training program; or (3-17-22) d. By untrained or unqualified personnel. (3-17-22) 03. Use of Restraint on Participants. No restraints, other than physical restraint in an emergency , must be used on participants prior to the use of positive behavior interventions. The following requirements apply t o the use of physical restraint on participants by qualified personnel. (3-17-22) a. Physical restraint may be used in an isolated emergency to prevent injury to the participant o r others and must be documented and reviewed by the DSP and the supervisor. Documentation must include a debrief with the participant, guardian, and DSP involved focusing on strategies to avoid the occurrence of future physical restraints. (3-17-22) b. Physical restraint may be used in a non-emergency setting when a written behavior program i s developed by a supervisor, the participant, and their guardian, if applicable, and approved by a health car e professional. Informed consent is required by the participant and parent or legal guardian. (3-17-22) 04. Written Informed Consent. If the program contains restrictive or aversive components, a n individual working within the scope of their license or certification must also review and approve, in writing, the pla n prior to implementation. The participant, parent or legal guardian, if applicable, must also consent prior t o implementation. When programs implemented by the agency are developed by another service provider, the agency must obtain a copy of these reviews and approvals. (3-17-22) 511. -- 599. (RESERVED) RULE ENFORCEMENT PROCESS AND REMEDIES SECTIONS 600-699