Healthcare Bill of Rights
The Anne Carlsen Center exists to make the world a more inclusive place where independence is a gift to all. To meet this mission, we are committed to providing considerate, respectful care focused on individual needs and determined to protect, honor, and promote the rights of all we serve. We believe that everyone regardless of race, creed, color, sex, religion or disability should enjoy human and legal rights provided to all and will not limit or restrict these rights without due process.
The following Bill of Rights as set forth in North Dakota Century Code 25-01.2 and the United Nation’s Universal Declaration of Human Rights have been adopted and are supported by Anne Carlsen Administration and Employees:
Rights of Persons with Disabilities (N.D.C.C. 25-01.2)
Statutory rights arise from specific federal legislation and state laws guaranteeing equal educational opportunity for all. N.D. Century Code assures 22 rights to persons with developmental disabilities. They are the right to:
- treatment, services and habilitation in the least restrictive appropriate setting
- be presumed competent until a court-of-law determines otherwise
- vote
- free exercise of religion
- free association, including association with the opposite sex
- confidential handling of personal and medical records
- receive, possess, use and have secure, lawful property
- reasonable access to mail, telephone and visitors
- be paid the value of work performed, to freely deposit earnings and other funds, and to retain all accumulated funds, including wages earned from the service provider
- approve or disapprove service providers as payee of social security, pension, annuity trust fund or any other direct payment of assistance
- receive appropriate and adequate medical and dental care, if living in a residential facility
- be free from chemical restraints and to receive only properly prescribed and promptly recorded drugs and medications
- be free corporal punishment
- be free from isolation and physical restraints (except in emergencies)
- be free from psychosurgery, sterilization, and medical research (except pursuant to court order)
- be free from shock therapy, except pursuant to informed consent from the individual or other responsible party in the event of incapacity
- be checked at least once every 30 minutes when properly placed in restraints or isolation for program purposes
- an adequate and sufficient diet planned by a qualified dietician
- a free and appropriate education in the least restrictive setting if 0-21 years old
- an individualized habilitation or education plan, within 30 days after admission to a program, which must be renewed annually
- refuse treatment unless required to prevent serious harm to oneself or others
- enforce these rights in a court of law or appropriate administrative proceedings
Universal Declaration of Human Rights (United Nations)
- All human beings are free and equal in dignity and rights
- All people are entitled to rights without distinction based on race, color, sex, language, religion, opinion, origin, property, birth or residency
- Right to life liberty and security of person
- Freedom from slavery
- Freedom from torture
- Right to be treated equally by the law
- Right to equal protection by the law
- Right for all to effective remedy by competent tribunal
- Freedom from arbitrary arrest
- Right to fair public hearing by Independent tribunal
- Right to presumption of innocence until proven guilty at public trial with all guarantees necessary for defense
- Right to privacy in home, family and correspondence
- Freedom of movement in your own country and the right to leave and return to any countries
- Right to political asylum in other countries
- Right to nationality
- Right to marriage and family and to equal right of men and women during and after marriage
- Right to own property
- Freedom of thought and conscience and religion
- Freedom of opinion and expression and to seek, receive and impart information
- Freedom of association and assembly
- Right to take part in and select government
- Right to social security and realization of economic, social and cultural rights
- Right to work, to equal pay for equal work and to form and join trade unions
- Right to reasonable hours of work and paid holidays
- Right to adequate living standards for self and family, including food, housing, clothing, medical care and social security
- Right to education
- Right to participate in cultural life and to protect intellectual property rights
- Right to social and international order permitting these freedoms to be realized
- Each person has responsibilities to the community and others as essential for a democratic society
- Noting in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth
Due Process
Anne Carlsen has a Human Rights Committee made up of IPC’s, Behavioral Coordinators, Social Workers, family representatives, and out of facility volunteers that support and defend the human rights of individuals. The committee is involved with abuse/neglect, behavior management, and other areas requiring assistance in protecting the human/legal rights of individuals with developmental disabilities.
Rights are not curtailed merely because a person has a disability. Human and legal rights may not be limited or restricted without due process. This can be done through the Anne Carlsen complaint/grievance process, the court system, or approval of your child’s team and the Human Rights Committee.