Sec. 10.63.05.07. Requirements for Programs Requiring Non-Accreditation-Based Licenses

A. The provisions of this regulation apply to a program with a community-based behavioral health license that does not require accreditation.

B. Participant Rights.

(1) A program shall:

(a) Treat each participant with consideration, respect, and full recognition of the participant’s human dignity and individuality;

(b) Provide care and services that are adequate, appropriate, and in compliance with relevant State, local, and federal laws and regulations;

(c) Prohibit physical or mental abuse by the program staff;

(d) Provide an atmosphere free from discrimination;

(e) Prohibit use of any physical restraints;

(f) Ensure privacy and confidentiality; and

(g) Permit the participant to refuse to participate in any research.

(2) A program shall post in a conspicuous area and provide to each participant a statement of participants’ rights.

C. Grievance Procedures. A program shall:

(1) Provide the participant on admission with a description of the program’s grievance policy and procedures, which shall include the:

(a) Participant’s right to grieve program decisions, including but not limited to:

(i) Discharge; and

(ii) Change in status or services;

(b) Steps of the grievance process; and

(c) Levels to which the grievance may be taken;

(2) Take no retaliation against a participant who presents a grievance; and

(3) Inform each participant if revisions are made to the grievance policy and the nature and extent of the revisions.

D. Nondiscrimination. A program may not discriminate in the provision of services on the basis of race, creed, color, age, gender, sexual orientation, gender identity, national origin, marital status, disabilities, and any other classification prohibited under State or federal law, including:

(1) Americans with Disabilities Act, 42 U.S.C §12101 et seq.; and

(2) Fair Housing Act, 42 U.S.C. §3604.