Sec. 10.22.04.03. Fundamental Rights

A. Each individual is entitled to the basic rights set forth in Health-General Article, §§7-1002-7-1004, Annotated Code of Maryland, unless the individual's team decides it is necessary to restrict a right. If the restriction is due to a challenging behavior, the licensee shall follow the procedures outlined in COMAR 10.22.10. If it is necessary to restrict a right not related to a challenging behavior, the standing committee shall review, approve, and establish the time frame for the restriction. The licensee shall:

(1) Document in the IP the:

(a) Right being restricted,

(b) Reason for the restriction,

(c) Conditions under which the restriction is employed,

(d) Efforts to restore the right to the individual, and

(e) Conditions under which the right would be restored;

(2) Comply with COMAR 10.22.10.06D and E; and

(3) Ensure that the restriction:

(a) Represents the least restrictive, effective alternative, and

(b) Is only implemented after other methods have been systematically tried and objectively determined to be ineffective.

B. Each licensee shall provide for the preservation of each individual's fundamental rights in accordance with Health-General Article, §7-1003, Annotated Code of Maryland.

C. Each licensee shall ensure that the individual and the individual's family is made aware of and given a copy of these rights, and that they are posted in accordance with Health-General Article, §7-1002, Annotated Code of Maryland.