Sex Education

TITLE 77: PUBLIC HEALTH CHAPTER I: DEPARTMENT OF PUBLIC HEALTH SUBCHAPTER d: LONG-TERM CARE FACILITIES PART 350 INTERMEDIATE CARE FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE SECTION 350.770 SEX EDUCATION Section 350.770  Sex Education A person who is a resident admitted to a facility and receiving habilitation shall have access to sex education, related resources, and treatment planning that supports their right to sexual health and healthy sexual practices and to be free from sexual exploitation and abuse. (Section 4-211 of the Mental Health and Developmental Disabilities Code) a)         For the purposes of this Section, 1)         "developmentally appropriate sex education materials" means sex education materials and resources that have been approved by the Department of Human Services as required by Section 4-211 of the Mental Health and Developmental Disabilities Code. (Section 4-211 of the Mental Health and Developmental Disabilities Code) 2) "healthy sexual practices" means a state of physical, emotional, mental, and social well-being in relation to sexuality. b) The facility shall assess the person or resident receiving habilitation to determine whether they have decision-making capacity to give consent to sexual activity, and determine developmentally appropriate sex education materials and resources.  As part of the assessments, consideration shall be given to medical, psychological, and psycho-social evaluations. c) The assessments required in subsection (b) shall be determined by the treatment team.  For the purposes of this subsection, "treatment team" shall include the individual or resident, professionals who have knowledge of the individual, and the individual's guardian, if one is appointed. Guardian decision making shall be made in accordance with the court order of appointment and the standards of decision making established by Section 11-a-17 of the Probate Act of 1975 . (Section 4-211 of the Mental Health and Developmental Disabilities Code) d)         The facility shall provide the resident with access to appropriate sex education materials and resources as determined by the assessments conducted pursuant to subsection (b).