Chapter 04. Values, Outcomes, and Fundamental Rights
Regulation .01 Scope.LinkCopy Citation
This chapter identifies the values and outcomes that enhance the quality of life for individuals who are receiving services in the SRCs, FRCs, and the community. It is understood, however, that all of the referenced outcomes might not be evident in the lives of all individuals at all times. The licensee shall make every effort to facilitate the achievement of these outcomes. It is understood, however, that the achievement of these outcomes may be influenced by the needs, preferences, and desires of an individual, health and safety considerations, or fiscal limitations.
Regulation .02 Values to be Considered in the Development of the IP.LinkCopy Citation
The following values shall be considered in the development of the IP:
A.
Personal well-being, which includes:
(1)
Receiving health care services that respond to the individual's needs and are consistent with those of the general population;
(2)
Living and working in places that are safe;
(3)
Having access to the places in which the individual lives, works, and receives services;
(4)
Having continuity and security;
(5)
Having one's basic needs met; and
(6)
Having the time, space, and opportunity for privacy;
B.
Individual rights, which include:
(1)
Having the same rights and protections as all other citizens under the laws and Constitution of Maryland and the United States;
(2)
Having religious and cultural beliefs respected;
(3)
Being free from abuse, neglect, and mistreatment;
(4)
Having personal information kept in confidence;
(5)
Living, working, and receiving services in a manner that is not unnecessarily restrictive;
(6)
Having one's money and belongings secured; and
(7)
Having access to one's money and belongings;
C.
Choice and control, which includes:
(1)
Being given the opportunity to express choices and opinions;
(2)
Having choices about the following:
(a)
Where to live and with whom,
(b)
The appearance of one's home,
(c)
The services one receives and from whom,
(d)
How one spends one's time and with whom,
(e)
How menus, activities, schedules, and routines are structured,
(f)
Who advocates for the individual; and
(3)
Having one's choices and opinions respected and addressed;
D.
Respect and dignity, which includes:
(1)
Being treated with courtesy and respect;
(2)
Being treated with warmth and caring;
(3)
Receiving positive recognition;
(4)
Being spoken to and treated in an age-appropriate manner; and
(5)
Living and working in places that reflect things that are valued;
E.
Personal growth and independence by:
(1)
Having the opportunity to develop personal goals and the opportunity to work toward achieving those goals;
(2)
Receiving the supports to succeed where one chooses to live and work;
(3)
Receiving the education, habilitation, and the opportunities for increased independence;
(4)
Having access to technology to assist in living and learning;
(5)
Having the opportunity to manage one's own affairs, including financial affairs as much as possible; and
(6)
Having the opportunity to participate in individual activities;
F.
The opportunity for relationships by:
(1)
Having the opportunity to develop and maintain meaningful ties to other people;
(2)
Having relationships encouraged and supported;
(3)
Having the opportunity to be connected to family and friends; and
(4)
Having the opportunity for intimacy; and
G.
Community membership and social inclusion by:
(1)
Having the opportunity to be involved in and contribute to the community;
(2)
Having the opportunity to participate in community activities of one's choice;
(3)
Having the opportunity to use the same resources as other people; and
(4)
Having regular access to recreation and leisure time activities with others.
Regulation .03 Fundamental Rights.LinkCopy Citation
A.
Each individual is entitled to the basic rights set forth in Health-General Article, §§7-1002 — 7-1004, Annotated Code of Maryland, unless the individual's team decides it is necessary to restrict a right. If the restriction is due to a challenging behavior, the licensee shall follow the procedures outlined in COMAR 10.22.10. If it is necessary to restrict a right not related to a challenging behavior, the standing committee shall review, approve, and establish the time frame for the restriction. The licensee shall:
(1)
Document in the IP the:
(a)
Right being restricted,
(b)
Reason for the restriction,
(c)
Conditions under which the restriction is employed,
(d)
Efforts to restore the right to the individual, and
(e)
Conditions under which the right would be restored;
(2)
Comply with COMAR 10.22.10.06D and E; and
(3)
Ensure that the restriction:
(a)
Represents the least restrictive, effective alternative, and
(b)
Is only implemented after other methods have been systematically tried and objectively determined to be ineffective.
B.
Each licensee shall provide for the preservation of each individual's fundamental rights in accordance with Health-General Article, §7-1003, Annotated Code of Maryland.
C.
Each licensee shall ensure that the individual and the individual's family is made aware of and given a copy of these rights, and that they are posted in accordance with Health-General Article, §7-1002, Annotated Code of Maryland.
Chapter annotations
Authority: Health-General Article, §7-904, Annotated Code of Maryland
History: Effective date: July 26, 1999 (26:15 Md. R. 1148)
History: Regulation .01 amended as an emergency provision effective July 10, 2008 (35:16 Md. R. 1388); emergency status extended at 36:2 Md. R. 96; amended permanently effective January 26, 2009 (36:2 Md. R. 100)