RTX 15: Privacy Provisions
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The organization provides for resident comfort, dignity, and privacy.
The organization:
- maintains doors on sleeping areas and bathroom enclosures unless there is clear, clinical written justification for their removal;
- provides one- or two-person rooms to residents who need extra sleep, protection from sleep disturbance, or extra privacy for clinical reasons; and
- requires employees to knock before entering a resident’s room.
Interpretation: The organization should provide single rooms for developmentally disabled adults.
The organization:
- establishes and implements policies for searches of residents or their property consistent with applicable state and federal law; and
- prohibits the use of surveillance cameras or listening devices for routine observation of persons in their rooms, unless required by judicial order, law, or contract.
Searches of participants or their property are conducted in a manner that respects client rights, dignity, and self-determination and include, as appropriate to the frequency and invasiveness of searches:
- timely notification of a parent or guardian;
- definition and documentation of reasonable cause and assessed risk of harm to self or others;
- trained, qualified staff; and
- an administrative review process including documentation, notification, and the timetable for review.
Interpretation: The invasiveness of the search to be conducted has a direct impact on all aspects of search
procedures. Organizations must demonstrate that more invasive searches are associated with an increased level of risk, reasonable cause, staff competence, and level of administrative review.
The organization does not open mail received by a resident unless a previous incident involving the resident indicates that:
- the mail is suspected of containing unauthorized, dangerous, or illegal material or substances, in which case it may be opened by the resident in the presence of designated personnel; or
- receipt or sending of unopened mail is contraindicated.
Residents can have private telephone conversations, and any restriction is:
- based on contraindications and/or a court order;
- approved in advance by the program director or an appropriate designee;
- documented in the case record; and
- reauthorized weekly by the immediate supervisor of the direct service provider.