1. The right to be informed of these rights, as evidenced by the client's
written acknowledgment or by documentation by staff in the clinical record
that the client was offered a written copy of these rights and given a
written or verbal explanation of these rights in terms the client could
understand;
2. The right to be notified of any rules and policies Turning Point has
established governing client conduct in the facility;
3. The right to be informed of services available at Turning Point, the
names and professional status of the staff providing and/or responsible
for the client's care, fees and related charges, including the payment,
fee, deposit and refund policy of the program, and any charges for services
not covered by sources of third-party payment or the facility's basic rate.
4. The right to be informed if Turning Point has authorized other health
care and educational institutions to participate in his or her treatment,
the identity and function of these institutions and the right to refuse
to allow the participation of other institutions in his or her treatment;
5. The right to receive from his or her physicians or clinical practitioner(s)
an explanation of his or her complete medical/health condition or diagnosis,
recommended treatment, treatment options, including the option of no treatment,
risks(s) of treatment, and expected result(s), in terms that he or she
understands.
i. If this information would be detrimental to the client's health, or
if the client is not capable of understanding the information, the explanation
shall be provided to a family member, legal guardian or significant other,
as available.
ii. Release of information to a family member, legal guardian or significant
other, along with the reason for not informing the client directly, shall
be documented in the client's clinical record.
iii. All consents to release information shall be signed by the client
or for adolescents their parent, guardian or legally authorized representative.
All consents to release information shall comply with Federal statutes
and rules for the Confidentiality of Alcohol and Drug Abuse Client Records
at 42 U.S.C. §§ 290dd-2 and 290ee-2, and 42 CFR Part 2 and the
provisions of HIPAA;
6. The right to participate in the planning of his or her care and treatment,
and to refuse medication and treatment.
i. A client's refusal of medication or treatment shall be verified by staff
by way of the client's signature and documented as such in the client's
clinical record;
7. The right to participate in experimental research only when the client
gives informed, written consent to such participation, or when a guardian
or legally authorized representative gives such consent for an incompetent
client in accordance with law, rule and regulation;
8. The right to voice grievances or recommend changes in policies and services
to program staff, the governing authority, and/or outside representatives
of his or her choice either individually or as a group, free from restraint,
interference, coercion, discrimination, or reprisal;
9. The right to be free from mental, sexual and physical abuse, exploitation,
coercive acts by staff and other clients and from the use of restraints
unless restraints are authorized pursuant to N.J.A.C. 10:161A-6.5.
i. A client's ordered medications shall not be withheld for failure to
comply with Turning Point rules or procedures, unless the decision is
made to terminate the client in accordance with this chapter; medications
may only be withheld when the facility medical staff determines that such
action is medically indicated and the determination of such has been documented
in the client's medical record and clinical record;
10. The right to confidential treatment of information about the client.
i. Information in the client's clinical record shall not be released to
anyone outside the Turning Point program without the client's written
consent to release the information in accordance with Federal statutes
and rules for the Confidentiality of Alcohol and Drug Abuse Client Records
at 42 U.S.C. §§ 290dd-2 and 290ee-2 and 42 CFR Part 2 and the
provisions of the HIPAA, unless the release of the information is required
and permitted by law, a third-party payment contract, a peer review or
the information is needed by DMHAS for statutorily authorized purposes.
ii. Turning Point may release data about the client for studies containing
aggregated statistics only when the client's identity is protected and
de-identified;
11. The right to be treated with courtesy, consideration, respect, and
with recognition of his or her dignity, individuality, and right to privacy,
including, but not limited to, auditory and visual privacy.
i. The client's privacy also shall be respected when Turning Point and
clinical staff are discussing the client with others;
12. The right to not be required to perform work for Turning Point, unless
the work is part of the client's treatment, is performed voluntarily,
the therapeutic benefit is documented in the treatment plan, and is otherwise
in accordance with local, State and Federal laws and rules.
i. A client maintains the right to refuse to perform work for Turning Point
even in those instances in which work activities are a part of the client's
treatment and identified as such in the treatment plan;
The right to exercise civil and religious liberties, including the right
to independent personal decisions.
i. No religious beliefs or practices, or any attendance at religious services,
shall be imposed upon any client;
14. The right to not be discriminated against because of age, race, religion,
sex, nationality, sexual orientation, disability (including, but not limited
to, blind, deaf, hard of hearing) or ability to pay; or to be deprived
of any constitutional, civil and/or legal rights;
15. The right to be transferred or discharged only for medical reasons,
for the client's welfare, that of other clients or staff upon the written
order of a physician or other licensed clinician or for failure to pay
required fees as agreed at time of admission (except as prohibited by
sources of third-party payment).
i. Transfers and discharges, and the reasons therefor, shall be documented
in the client's clinical record.
ii. If a transfer or discharge on a non-emergency basis is planned by Turning
Point, the client and his or her family shall be given at least 10 days
advance notice of such transfer or discharge, except as otherwise provided
for in this chapter;
16. The right to be notified in writing, and to have the opportunity to
appeal, an involuntary discharge;
17. The right to have access to and obtain a copy of his or her clinical
record, in accordance with the Turning Point's policies and procedures
and applicable Federal and State laws and rules;
18. The right to retain and use personal clothing and possessions, unless
to do so would be unsafe or would infringe on the rights of other clients
in the facility.
i. All client belongings shall be returned to the client when the client
is discharged or decides to leave treatment within 30 days; and
19. The right to be allowed visiting time at reasonable hours in accordance
with the client treatment plan and, if critically ill, to be allowed visits
from his or her family or legally authorized representative at any time,
unless medically contraindicated and documented by a physician in the
client's medical record.
i. Members of the clergy shall be notified by Turning Point at the client's
request. The hours of visitation by clergy shall be established by Turning Point.
