TITLE 40.1
Behavioral Healthcare, Developmental Disabilities and Hospitals
CHAPTER 40.1-24.5
Community Residences
SECTION 40.1-24.5-5
§ 40.1-24.5-5 Absolute rights of
residents.
No resident admitted to any community residence shall be deprived of any
constitutional, civil or legal right, solely by reason of admission. Among
others, each resident shall be entitled to the following rights without
limitation:
(1) To privacy and dignity;
(2) To civil service or merit rating or ranking and
appointment;
(3) Those relating to the granting, forfeiture or denial of a
license, permit privilege, or benefit pursuant to any law;
(4) To attend or not attend religious services;
(5) To be visited privately at all reasonable times by one's
personal physician, attorney, clergyperson, and the mental health advocate;
(6) To vote and participate in political activity, including
reasonable assistance when desired in registering and voting;
(7) To be employed at a gainful occupation insofar as the
resident's condition permits. No resident shall be required to perform labor,
which involves the essential operation and maintenance of the community
residence or program or the regular supervision or care of other residents.
Residents may be required to perform labor involving normal housekeeping and
home maintenance functions as documented in their individualized service plan
or as delineated in the community residents rules and regulations;
(8) To communicate by sealed mail or otherwise with persons
of one's choosing;
(9) To participate in the development of individualized
service plan;
(10) To have access to his or her individualized service plan
and other medical, social, financial, vocational, psychiatric, or other
information included in the resident's file maintained by the community
residence;
(11) To not be the subject to experimental research without
his or her prior written and informed consent;
(12) To be free from verbal and physical abuse;
(13) To register an alleged violation of resident's rights
through the established grievance procedure as delineated in §
40.1-24.5-8; and
(14) To have access to the mental health advocate upon
request and to have assistance when desired and necessary to implement this
right.
History of Section.
(P.L. 1982, ch. 363, § 1.)