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§40.1-24.5-5  Absolute rights of residents. –

Published: 2015

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TITLE 40.1

Behavioral Healthcare, Developmental Disabilities and Hospitals

CHAPTER 40.1-24.5

Community Residences

SECTION 40.1-24.5-5

   § 40.1-24.5-5  Absolute rights of

residents. –

No resident admitted to any community residence shall be deprived of any

constitutional, civil or legal right, solely by reason of admission. Among

others, each resident shall be entitled to the following rights without


   (1) To privacy and dignity;

   (2) To civil service or merit rating or ranking and


   (3) Those relating to the granting, forfeiture or denial of a

license, permit privilege, or benefit pursuant to any law;

   (4) To attend or not attend religious services;

   (5) To be visited privately at all reasonable times by one's

personal physician, attorney, clergyperson, and the mental health advocate;

   (6) To vote and participate in political activity, including

reasonable assistance when desired in registering and voting;

   (7) To be employed at a gainful occupation insofar as the

resident's condition permits. No resident shall be required to perform labor,

which involves the essential operation and maintenance of the community

residence or program or the regular supervision or care of other residents.

Residents may be required to perform labor involving normal housekeeping and

home maintenance functions as documented in their individualized service plan

or as delineated in the community residents rules and regulations;

   (8) To communicate by sealed mail or otherwise with persons

of one's choosing;

   (9) To participate in the development of individualized

service plan;

   (10) To have access to his or her individualized service plan

and other medical, social, financial, vocational, psychiatric, or other

information included in the resident's file maintained by the community


   (11) To not be the subject to experimental research without

his or her prior written and informed consent;

   (12) To be free from verbal and physical abuse;

   (13) To register an alleged violation of resident's rights

through the established grievance procedure as delineated in §

40.1-24.5-8; and

   (14) To have access to the mental health advocate upon

request and to have assistance when desired and necessary to implement this


History of Section.

(P.L. 1982, ch. 363, § 1.)