R501-1-11. Licensing Code of Conduct and Client Rights

  (1) Licensees and staff shall:

  (a) transparently represent services, fees, and policies and procedures to clients, guardians, prospective clients, and the public;

  (b) disclose any potential or existing conflicts of interest to the Office;

  (c) comply with all federal, state, and local laws that govern the program;

  (d) report all criminal activity;

  (i) significant criminal activity and medical emergencies shall be immediately reported to the appropriate emergency services agency per 62A-2-106-2;

  (e) comply with a written policy that addresses the appropriate treatment of clients, to include the rights of clients as outlined in this Section;

  (f) not abuse, neglect, harm, exploit, mistreat, or act in a way that compromises the health and safety of clients through acts or omissions, by encouraging others to act, or by failing to deter others from acting;

  (g) not use or permit the use of corporal punishment and shall only utilize restraint as defined in this Chapter and outlined in applicable Human Service Rules when an individual's behavior presents imminent danger to self or others;

  (h) maintain the health and safety of clients in all program services and activities, whether on or offsite;

  (i) provide services and supervision that is commensurate with the skills, abilities, behaviors, and needs of each client;

  (j) not serve clients outside the program's scope of services;

  (k) not commit fraud;

  (l) provide an insurer the licensee's records related to any services or supplies billed, upon request by an insurer or the Office;

  (m) not charge clients for any fees or expenses that were not previously disclosed to the client;

  (n) accept fees only for the services or expenses the provider is willing and able to provide;

  (o) not handle the major personal business affairs of a client, without request in writing by the client or legal representative;

  (p) require that any licensee or staff member who is aware of, or suspects abuse, neglect, mistreatment, fraud, or exploitation shall ensure that a report is made to the Office and applicable investigative agencies as outlined in R501-1-10-2, and in compliance with mandatory reporting laws, including 62A-4a-403 and 62A-3-305;

  (i) any licensee or staff member who is aware of, or suspects a violation of this Rule or any governing local ordinance or state or federal law, shall ensure that a report is made to the Office of Licensing via email at: [e-mail], or directly to the licensor of the specific program or site.

  (2) Clients have the right to:

  (a) be treated with dignity;

  (b) be free from potential harm or acts of violence;

  (c) be free from discrimination;

  (d) be free from abuse, neglect, mistreatment, exploitation, and fraud;

  (e) privacy of current and closed records;

  (f) communicate and visit with family, attorney, clergy, physician, counselor, or case manager, unless therapeutically contraindicated or court restricted;

  (g) be informed of agency policies and procedures that affect client or guardian's ability to make informed decisions regarding client care, to include:

  (i) program expectations, requirements, mandatory or voluntary aspects of the program;

  (ii) consequences for non-compliance;

  (iii) reasons for involuntary termination from the program and criteria for re-admission;

  (iv) program service fees and billing; and

  (v) safety and characteristics of the physical environment where services will be provided.

  (3) Clients shall be informed of these rights and an acknowledgment by the client or guardian shall be maintained in the client file.

  (4) Licensees shall train all staff annually on agency policies and procedures, Licensing rules, and the Licensing Code of Conduct.

  (i) verification this training shall be dated and acknowledged by each staff member.