Regulation detail

Pa. Code 709.30

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Pa. Code 709.30 active

Client rights

Jurisdiction: PA Agency: Pennsylvania Department of Human Services (OMHSAS) and Department of Drug and Alcohol Programs (DDAP)
DETOX (80%) OUTPATIENT (60%) SUD_RESIDENTIAL (80%)
Plain-English summary

This regulation requires substance use disorder treatment projects licensed under Pennsylvania's Drug and Alcohol Abuse Control Act to develop written client rights policies and procedures, obtain written acknowledgment from clients that they have been notified of those rights, and uphold specific rights including civil liberties, non-discrimination, and access to and correction of personal records. Facility operators must document any temporary removal of record portions prior to client inspection and provide an appeal process for record access decisions.

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Regulation text
28 Pa. Code § 709.30 - Client rights 

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The project shall develop written policies and procedures on client rights and document written acknowledgement by clients that they have been notified of those rights.

(1)
 A client receiving care or treatment under section 7 of the act (
71 P. S. §
 
1690.107
) shall retain civil rights and liberties except as provided by statute. No client may be deprived of a civil right solely by reason of treatment.

(2)
 The project may not discriminate in the provision of services on the basis of age, race, creed, sex, ethnicity, color, national origin, marital status, sexual orientation, handicap or religion.

(3)
 Clients have the right to inspect their own records. The project, facility or clinical director may temporarily remove portions of the records prior to the inspection by the client if the director determines that the information may be detrimental if presented to the client. Reasons for removing sections shall be documented in the record.

(4)
 Clients have the right to appeal a decision limiting access to their records to the director.

(5)
 Clients have the right to request the correction of inaccurate, irrelevant, outdated or incomplete information in their records.

(6)
 Clients have the right to submit rebuttal data or memoranda to their own records.

Notes

28
 Pa. Code §
 
709.30

The
 provisions of this § 709.30 amended October 17, 2014,
 effective 
10/18/2014
, 44 Pa.B.
 6660.

The provisions of this § 709.30 amended under section
 2301-A of The Administrative Code of 1929 (
71 P. S. §
 
613.1
).

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