This Alabama regulation establishes the Department of Mental Health's Rights Protection and Advocacy program, which safeguards the civil, legal, personal, and treatment rights of recipients served in state-operated facilities and community-based programs certified or under contract with the Department. Facility operators must ensure recipients are protected from abuse, receive least-restrictive and individualized care, and have access to non-legal advocacy services including complaint investigation and resolution. Operators must cooperate with unimpeded investigations by Department advocates when rights complaints are filed. The rule applies broadly across all Department-certified or contracted settings serving individuals with mental health, intellectual disability, or substance use disorders.
View official source580-8-38-.01 Statutory Authority The Code of Ala. 1975 , Section 22-50, establishes the Department of Mental Health and enumerates the duties and responsibilities of the Department. The Department is authorized to set standards of care, promulgate rules, let contracts, and generally take those actions necessary to operate and support programs for persons who have mental health, intellectual disabilities, or substance use disorders. Authority: Code of Ala. 1975. History: Filed February 17, 1987; effective March 24, 1987. Repealed and Replaced: FiledMarch 24, 1997; effective April 28, 1997. Amended: Published August 29, 2025; effective October 13, 2025. 580-8-38-.02 Definitions (1) Recipient - a person with serious mental health, intellectual disabilities , or substance use disorders served in residential and/or treatment facilities or programs operated by the Department or certified and/or under contract with the Department. (2) State Facility – hospital or other form of residential treatment program operated by the Department. (3) Community Service Provider - an individual, agency, organization, or group under contract and/or certified by the Department to provide community-based mental health, intellectual disability, or substance use disorder services. Authority: Code of Ala. 1975. History: New Rule: Filed March 24, 1997; effective April 28, 1997. Amended: Published August 29, 2025; effective October 13, 2025. 580-8-38-.03 Purpose (1) The Department of Mental Health recognizes and accepts its responsibility to help safeguard the civil rights of recipients served in its state facilities and community-based programs certified and/or under contract with the Department; and further, its responsibility to promulgate reasonable rules, regulations and standards safeguarding recipient rights of protection from abuse and quality individualized and least restrictive treatment and care as established by state and federal laws. (2) The purpose of the Department’s Rights Protection and Advocacy Office is to actively assist in safeguarding the rights of recipients served directly by the Department or through contracts with the Department by providing a program of nonlegal advocacy services. These services provide for individual advocacy to include information, referral, rights complaint investigation and resolution services, and individual representation; and systems advocacy services to include rights education and training program and rights certification and monitoring reviews. Authority: Code of Ala. 1975, §22-50-11. History: Filed February 17, 1987. Repealed and Replaced: Filed March 24, 1997; effectiveApril 28, 1997. Amended: Published August 29, 2025; effective October 13, 2025. 580-8-38-.04 Method Of Delivery The Department of Mental Health provides a comprehensive statewide Advocacy service delivery system, which includes non-legal advocacy services provided by a Central Office of Rights Protection and Advocacy, offices in geographical service areas across the state, and offices in each state facility operated by the Department. Further, the system includes an Advocacy Advisory Board at the state level and local Advocacy Advisory Committees at each state facility operated by the Department. Authority: Code of Ala. 1975, §22-50-11. History: Filed February 17, 1987. Repealed and Replaced: Filed March 24, 1997; effectiveApril 28, 1997. Amended: Published August 29, 2025; effective October 13, 2025. 580-8-38-.05 Recipient Rights The Department of Mental Health promotes that every recipient shall be entitled to exercise all civil and legal rights guaranteed other individuals in society unless otherwise legally restricted. The Department further recognizes the rights to treatment, protection from abuse and least restrictive care as established by the Alabama Developmental Disabilities Bill of Rights, the Alabama Mental Illness Consumers’ Bill of Rights, and other State and Federal laws. The rights of individuals served are established in Departmental policies and certification standards which provide recognized and acceptable procedures for safeguarding civil, legal, personal and treatment rights of recipients. Authority: Code of Ala. 1975, §22-50-11. History: Filed February 17, 1987. Repealed and Replaced: Filed March 24, 1997; effectiveApril 28, 1997. Amended: Published August 29, 2025; effective October 13, 2025. 580-8-38-.06 Complaint Procedure When recipients, or other interested persons are unable to resolve problems related to rights issues with departmental personnel or certified and/or contracted community service providers, the Department provides for the utilization of the Rights Protection and Advocacy Program. This provision designates and authorizes advocates and other advocacy personnel to conduct unimpeded investigations of alleged violations in an attempt to resolve complaints with Departmental officials, certified and/or contracted Community Service Providers, and complainants. Authority: Code of Ala. 1975, §22-50-11. History: Filed February 17, 1987. Repealed and Replaced: Filed March 24, 1997; effectiveApril 28, 1997. Amended: Published August 29, 2025; effective October 13, 2025. 580-8-38-.07 RESERVED 580-8-38-.08 RESERVED