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Denial of Rights

The denial of a right exists when the professional person in charge of the facility or his/her designee has good reason to believe one or all of the following:

  1. That the exercise of the specific right would be injurious to the client; or
  2. If exercising the right, the client would seriously infringe on the rights of others; or
  3. If the facility would suffer serious damage if the specific right is not denied; and
  4. If there is no less restrictive way of protecting the interests specified in (1) (2) or (3).

Every time a riqht is denied. the individual is entitled to an explanation of the reason(s) for the denial.

Documentation must follow as soon as a right is denied. Good documentation is important in two respects; it helps protect both you and the facility from liability.

Documentation following a denial of a right must include:

  1. The specific right denied.
  2. Date and time of denial.
  3. Statement of good cause.
  4. Signature of appropriate person (the doctor) authorizing the denial.
  5. Date of review if denial is extended beyond 30 days.

 

A statement of good cause requires that the specific denial be related directly to the behavior in question. Blanket statements that do not indicate clearly the necessity for the denial should be avoided, as the advocate monitoring the records will question them.



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