ARM 37.106.3212. RIGHTS AND GRIEVANCES

(1) The facility must have a written resident rights policy that supports and protects the constitutional and statutory rights of all residents. These rights must include the right to: (a) be treated with dignity and respect; (b) be free from abuse, neglect, exploitation, harassment, and unnecessary physical restraint; (c) be free from corporal, cruel, harsh, unnecessary punishment, name calling, infliction of pain, or excessive physical exercise; (d) have adequate food, water, clothing, school supplies, and personal hygiene supplies; (e) receive care and services according to individual need; (f) receive educational services in accordance with Montana state law, if the facility operates during the school year; (g) be free from discrimination; (h) a safe environment with respect for human dignity; (i) protection of the privacy of information and records regarding each resident and the resident’s family; (j) communication and visitation privileges with family in person, by mail, or by phone; (k) be allowed to contact the Montana abuse reporting hotline to report allegations of abuse and neglect; (l) submit complaints and alleged violations of these rules, including a prohibition on retaliation against a resident for submitting such a complaint; (m) personal privacy, when it is not contrary to the treatment and safety needs of the resident; and (n) have consideration of the resident’s opinions and recommendations when developing the case plan. (2) A facility is prohibited from: (a) using physical discipline or the threat of physical discipline as a punishment, deterrent, or incentive; (b) unlawfully depriving a resident of a basic necessity or a constitutional or a statutory right, including education; (c) admitting a resident who is under the age approved on the license or has a condition that the facility is not authorized to treat pursuant to the facility’s admission policy; (d) using medical, chemical, or mechanical restraints; (e) using physical restraints, except in emergency circumstances to ensure the immediate physical safety of the resident, a staff member, or others, when less restrictive interventions have been determined to be ineffective; (f) using a licensure candidate to provide mental health professional services if the parent or legal guardian of a resident has not provided written consent; (g) using seclusion; and (h) sexually abusing, exploiting, or harassing a resident. (3) The facility must review the resident rights policy with the resident and parent or legal guardian at the time of admission. (a) The facility staff reviewing the policy, the resident, and the parent or legal guardian of the resident must sign a statement acknowledging the review. (b) The signed statement must be maintained in the resident’s file. (4) The facility must have a written grievance policy which outlines the procedures to be followed by a resident or parent or legal guardian in presenting a grievance to the facility. (5) The facility must review the grievance policy with the resident and the parent or legal guardian at the time of admission. (a) The facility staff reviewing the policy, the resident, and the parent or legal guardian of the resident must sign a statement acknowledging the review. (b) The signed statement must be maintained in the resident’s file. (6) Any written grievance report must be maintained in the resident’s file. The report must include the nature of the complaint, the date of the complaint, and a statement indicating how the issue was resolved.