W. Va. Code R. § 64-59-5 - Patients' Rights Generally

5.1. Persons with behavioral health problems are more likely to have their human and civil rights denied because of their condition. Consequently, special attention and effort are required to assure that these human and civil rights are exercised and protected in all behavioral health services.

5.2. No Discrimination. All mental health facilities shall make available all services to persons in need without discrimination because of race, creed, color, sex, age, national origin, marital status, lack of wealth, disability, or duration of residence.

5.3. Civil Rights of Patients. Every patient served by any facility operated by the Department shall be permitted to exercise all of his or her civil rights, including but not limited to: civil service status and appointment; the right to register and vote at elections; the right to acquire and dispose of property; the right to execute instruments or rights relating to the granting, forfeiture or denial of a license, permit, privilege or benefit pursuant to any law; the right to enter into contractual relationships, to marry or to obtain a divorce; or the right to hold a professional, occupational or vehicle operator's licenses, unless he or she has been appointed a legal representative and the court has made a specific finding that the patient is incompetent to exercise the specific right or category of rights.

5.4. Responsibility of Administrator. It is the responsibility of the mental health facility's administrator to assure that each patient is informed of his or her rights and to make all necessary arrangements to allow the patient to exercise his or her rights.

5.5. Patients' Rights in A Facility or Group Setting Generally. Patients shall be housed with other patients of similar age and activity levels unless specific reasons such as the need to protecta patient with a low level of adaptive skills and ability for self-defense are noted in the treatment plan.

5.6. Right to Least Restrictive Residential Setting. The patient has the right to access treatment in the least restrictive setting. The goal of treatment for a patient shall be to address needs so as to permit the patient to be in the least restrictive setting.

5.7. Right of Privacy. A patient has a right to as much privacy as the area in which he or she is residing will allow, and the right to move about freely unless his or her safety is threatened or otherwise clinically contrain dicated.

5.8. No Deprivation of Rights as Punishment. No patient can be deprived of a right provided by law or regulation as punishment. No patient may be deprived of a right unless otherwise clinically indicated and, if so, then only for so long as is necessary to permit correction of the situation, behavior, or clinical needs of the patient.

5.9. Every patient, upon his or her admission to a mental health facility, and at any later time upon request, shall be given a summary of the rights afforded by this rule and as required by 42 C.F.R. § 482.13. A copy of this rule shall be posted in a prominent public place in each facility. Further, at least annually, the administrator or his or her designee shall confer with the patient advocates and collaboratively develop a brief summary of patient rights for distribution to patients.

Notes

W. Va. Code R. § 64-59-5