HARRY HUGHES, Governor                                361

IT IS THE POLICY OF THIS STATE THAT, IN ADDITION TO ANY
OTHER RIGHTS, EACH MENTALLY RETARDED INDIVIDUAL WHO RECEIVES
ANY SERVICE IN A FACILITY HAS THE FOLLOWING BASIC RIGHTS:

(1)  THE RIGHT TO BE TREATED WITH COURTESY,
RESPECT, AND FULL RECOGNITION OF HUMAN DIGNITY AND
INDIVIDUALITY;

(2)  THE RIGHT TO RECEIVE TREATMENT AND SERVICES
IN THE LEAST RESTRICTIVE ENVIRONMENT THAT IS AVAILABLE,
ADEQUATE, APPROPRIATE, AND IN COMPLIANCE WITH RELEVANT LAWS,
RULES, AND REGULATIONS;

(3)  THE RIGHT TO BE FREE FROM MENTAL AND
PHYSICAL ABUSE;

(4)  THE RIGHT TO BE FREE FROM PHYSICAL AND
CHEMICAL RESTRAINTS, EXCEPT FOR MINIMAL RESTRAINTS THAT A
PHYSICIAN AUTHORIZES, IN WRITING, FOR A CLEARLY INDICATED
MEDICAL NEED AND MAKES A PERMANENT PART OF THE INDIVIDUAL'S
RECORD; AND

(5)  THE RIGHT TO RECEIVE RESPECT AND PRIVACY IN
AN INDIVIDUALLY DEVELOPED PROGRAM.

(B) DUTIES OF FACILITIES.

EACH FACILITY SHALL:

(1)  POST, CONSPICUOUSLY IN A PUBLIC PLACE, THE
POLICY STATED IN THIS SECTION;

(2)  GIVE A COPY OF THE POLICY:

(I)  ON ADMITTANCE, TO THE INDIVIDUAL;

(II)  TO THE GUARDIAN, NEXT OF KIN, OR
SPONSORING AGENCY OF THE INDIVIDUAL; AND

(III)  TO A REPRESENTATIVE PAYEE OF THE
INDIVIDUAL;

(3)  KEEP A RECEIPT FOR THE COPY THAT IS SIGNED
BY THE PERSON WHO RECEIVED THE COPY; AND

(4)  PROVIDE APPROPRIATE STAFF TRAINING TO CARRY
OUT THE POLICY.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article
59A, § 34(a), (c), and (f).

In the introductory clause of subsection (a) of
this section, the defined term "facility" is
substituted for the reference to "a program or