Maryland Code, HEALTH – GENERAL 7-1002
Terms Used In Maryland Code, HEALTH - GENERAL 7-1002
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
- state: means :
(1) a state, possession, territory, or commonwealth of the United States; or
(2) the District of Columbia. See
(b) It is the policy of this State that, in addition to any other rights, each individual who receives any services provided by the Administration or by a licensee 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, services, and habilitation in the most integrated setting that is available, adequate, appropriate, and in compliance with relevant laws and regulations;
(3) The right to be free from mental and physical abuse;
(4) The right to be free from 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;
(5) The right to be free from physical restraints except for minimal restraints that are authorized in writing and made a permanent part of the record by a physician or qualified developmental disability professional and which are clearly indicated for the protection of the individual with developmental disability or others;
(6) The right to privacy;
(7) The right to worship as the individual chooses;
(8) The right to an accounting of any funds of the individual; and
(9) The right to be informed of all of the most integrated setting service options licensed through the Administration.
(c) The Secretary shall issue regulations to enforce the rights enumerated in subsection (b) of this section.
(d) Each licensee 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.