Subdivision 1. Explanation. A client has the rights identified in sections 144.651, 148F.165, and 253B.03, as applicable. The license holder must give each client on the day of service initiation a written statement of the client's rights and responsibilities. A staff member must review the statement with a client at that time.
Subd. 2. Grievance procedure. On the day of service initiation, the license holder must explain the grievance procedure to the client or the client's representative. The grievance procedure must be posted in a place visible to clients, and made available upon a client's or former client's request. The grievance procedure must require that:
(1) a staff member helps the client develop and process a grievance;
(2) current telephone numbers and addresses of the Department of Human Services, Licensing Division; the Office of Ombudsman for Mental Health and Developmental Disabilities; the Department of Health Office of Health Facilities Complaints; and the Board of Behavioral Health and Therapy, when applicable, be made available to a client; and
(3) a license holder responds to the client's grievance within three days of a staff member's receipt of the grievance, and the client may bring the grievance to the highest level of authority in the program if not resolved by another staff member.
Subd. 3. Photographs of client. (a) A photograph, video, or motion picture of a client taken in the provision of treatment service is considered client records. A photograph for identification and a recording by video or audio technology to enhance either therapy or staff member supervision may be required of a client, but may only be available for use as communications within a program. A client must be informed when the client's actions are being recorded by camera or other technology, and the client must have the right to refuse any recording or photography, except as authorized by this subdivision.
(b) A license holder must have a written policy regarding the use of any personal electronic device that can record, transmit, or make images of another client. A license holder must inform each client of this policy and the client's right to refuse being photographed or recorded.
1Sp2017 c 6 art 8 s 28; 2018 c 182 art 1 s 45; 1Sp2019 c 9 art 6 s 26,27
Structure Minnesota Statutes
Chapters 245 - 267 — Public Welfare And Related Activities
Chapter 245G — Substance Use Disorder Licensed Treatment Facilities
Section 245G.01 — Definitions.
Section 245G.011 — Behavioral Health Crisis Facilities Grants.
Section 245G.02 — Applicability.
Section 245G.03 — Licensing Requirements.
Section 245G.031 — Alternative Licensing Inspections.
Section 245G.04 — Service Initiation.
Section 245G.05 — Comprehensive Assessment And Assessment Summary.
Section 245G.06 — Individual Treatment Plan.
Section 245G.07 — Treatment Service.
Section 245G.08 — Medical Services.
Section 245G.09 — Client Records.
Section 245G.10 — Staff Requirements.
Section 245G.11 — Staff Qualifications.
Section 245G.12 — Provider Policies And Procedures.
Section 245G.13 — Provider Personnel Policies.
Section 245G.14 — Service Initiation And Termination Policies.
Section 245G.15 — Client Rights Protection.
Section 245G.16 — Behavioral Emergency Procedures.
Section 245G.18 — License Holders Serving Adolescents.
Section 245G.19 — License Holders Serving Clients With Children.
Section 245G.20 — License Holders Serving Persons With Co-occurring Disorders.
Section 245G.21 — Requirements For Licensed Residential Treatment.