Rights review



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WHAT IS REQUIRED?

I. According to 115CMR 3.09 (b):   The general responsibility of the [human rights] committee shall (include) “ 4. to monitor and review the means utilized by the provider or agency to:



a.   inform individuals, staff, guardians, and families of the individual's rights;

b.   train individuals served in the exercise of their rights;

c.   provide individuals with the opportunities to exercise their rights to the fullest extent of their capabilities and interests;
So, the human rights committee of each provider agency is responsible to insure that the agency is providing the human rights training.
II. The regulations (115 CMR 3.09) go on to specify who actually provides the training:
(3)   The head of every provider shall designate and empower a person employed or affiliated with the provider or agency to serve as the provider's or agency's human rights officer and to undertake the following responsibilities as a formal component of his or her job description for the provider or agency:

(b) 1.   to inform . . . individuals served, . . . of the individuals' rights, including making copies of 115 CMR 5.00 available for inspection at any time by each individual;


2.   to annually train individuals served in the exercise of their human rights, to the maximum of their capabilities and interests (with such annual training to be documented in the individual's record), and to assist them to exercise those rights;

3.   to provide individuals served with opportunities to exercise their rights to the fullest extent of their capabilities and interests, including informing them of the grievance procedures and the right to go to the human rights committee on any issue involving human rights;
The regulations thus require:

(1) documented annual training which addresses both the individual’s learning capacity and personal interests; and

(2) the ongoing requirement to assist in the exercising of rights.




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