Upon receiving services, each consumer has rights as specified in the Consumer’s Bill of Rights. All policies and procedures regarding confidentiality and consumer rights adhere to all applicable federal or state laws or regulations.

PROCEDURES:
At the time of fee setting, the consumer is given a copy of the consumer’s rights. If the consumer is illiterate, the person setting the fee shall read the Consumer’s Bill of Rights to the consumer. The consumer shall be informed of his/her rights in a language he/she understands.

A copy of the Consumer’s Bill of Rights shall be posted in each facility, placed so the consumers may read it.The document, entitled "A Consumer’s Bill of Rights" was revised in February 2005, and reads as follows:

Consumers of mental health or drug or alcohol abuse services shall retain all rights, benefits, and privileges guaranteed by the laws and Constitution of the State of Oklahoma and the United States of America, except those specifically lost through due process of law.

THE CONSUMER HAS THE FOLLOWING RIGHTS:

• Each consumer has the right to receive services suited to his or her condition in a safe, sanitary, and humane environment regardless of race, culture, gender, sexual orientation, spiritual beliefs, language, socioeconomic status, ethnicity, age, degree of disability, and/or handicapping condition.

• No consumer shall be neglected or sexually, physically, verbally, or otherwise abused by financial or other exploitation or any form of retaliation, humiliation, and/or neglect.

• Each consumer shall receive treatment in the least restrictive environment and have the maximum freedom of movement consistent with his or her clinical condition and legal status.

• Each consumer legally entitled to vote shall be assisted to register and vote when they so request.

• Each consumer shall be provided with prompt, competent, appropriate treatment and an individualized treatment plan. A consumer shall participate in his or her treatment program and may consent or refuse to consent to the proposed treatment and of the composition of the service delivery team. The right to consent or refuse to consent may be abridged for the consumer adjudged incompetent by a court of competent jurisdiction and in emergency situations as defined by law. If the consumer permits, family shall be involved.

• All adult mental health consumers being served by a licensed mental health professional shall have the right to name a treatment advocate.

• Every consumer's record shall be treated in a confidential manner. A consumer or his/her legally authorized representative shall have the right to request access to the consumer’s own mental health or alcohol or drug abuse treatment record.

• No consumer shall be required to participate in any research project or medical experiment without his or her informed consent as defined by law. Refusal to participate shall not affect the services available to the consumer.

• A consumer shall have the right to assert grievance with respect to an alleged infringement on his or her rights. A grievance may be presented by a consumer, family member, or person appointed by the consumer. Upon receipt of a written grievance, the Edwin Fair Center will have five working days to respond.

• The procedures for review of grievances will be explained to the person served in a manner that is understandable. A discussion between the consumer and primary therapist will be the first step toward resolution. If a resolution is not obtained, the matter is referred to the supervisor and/or administrator of the primary therapist. If the matter continues to be unresolved, it shall be referred to the Clinical Director and Executive Director, or the Executive Director's designee, for final determination. A written statement informing the consumer as to the outcome of the review shall be provided no later than 14 working days after receipt of a written grievance. The consumer shall be provided any assistance necessary and informed of the availability of the Consumer Advocacy Division of the Oklahoma Department of Mental Health and Substance Abuse Services. For any grievance acted upon, the consumer shall have the responsibility of providing a statement in written form. EFC shall have responsibility of response and resolution in a timely manner.

• Consumers shall be permitted to establish and participate in a consumer committee or consumer government by unit or facility-wide, have access to self-help and advocacy support services, and/or access or referral to legal entities for appropriate representation.

• Each consumer has the right to request the opinion of an outside medical or psychiatric consultant at his or her own expense or a right to an internal consultation upon request at no expense.

No consumer shall be retaliated against or subjected to any adverse change of conditions or treatment because the consumer asserted his or her rights.

The following rights apply to all consumers and residential treatment:

• Each consumer, on admission, shall have the absolute right to private uncensored communication with a relative, friend, clergy, or attorney by phone or mail, at the facility's expense if the consumer is indigent.

• Each consumer retains the right of confidential communication with his or her attorney, personal physician, or clergy.

• Each consumer is entitled to uncensored private communication (letter, telephone, personal visits); such letters or copies of letters shall not be kept in consumer treatment records.

• Each consumer shall have easy access to his or her personal funds deposited with the finance office, and shall be entitled to an accounting. A limitation on access to funds may be made when it is determined by the facility's director to be necessary and essential to prevent the consumer from unreasonably and significantly dissipating his or her assets.

• Each consumer may have his or her own clothing and other personal possessions. This right can be forfeited if the property is potentially dangerous to the consumer, others, or if the property is functionally unsafe.

• Each consumer shall have the right to practice his or her religious belief and be accorded the opportunity for religious worship. No consumer shall be coerced into engaging in or refraining from any religious activity, practice, or belief.

• A consumer may voluntarily participate in work therapy and must be paid fair compensation. However, each consumer is responsible for personal housekeeping tasks without compensation.

• A consumer being discharged shall have plans for outpatient treatment, sufficient medication, suitable clothing for the season, housing information and referral, and if consumer permits, family involvement in the plan.