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:

  1. treatment, services and habilitation in the least restrictive appropriate setting
  2. be presumed competent until a court-of-law determines otherwise
  3. vote
  4. free exercise of religion
  5. free association, including association with the opposite sex
  6. confidential handling of personal and medical records
  7. receive, possess, use and have secure, lawful property
  8. reasonable access to mail, telephone and visitors
  9. 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
  10. approve or disapprove service providers as payee of social security, pension, annuity trust fund or any other direct payment of assistance
  11. receive appropriate and adequate medical and dental care, if living in a residential facility
  12. be free from chemical restraints and to receive only properly prescribed and promptly recorded drugs and medications
  13. be free corporal punishment
  14. be free from isolation and physical restraints (except in emergencies)
  15. be free from psychosurgery, sterilization, and medical research (except pursuant to court order)
  16. be free from shock therapy, except pursuant to informed consent from the individual or other responsible party in the event of incapacity
  17. be checked at least once every 30 minutes when properly placed in restraints or isolation for program purposes
  18. an adequate and sufficient diet planned by a qualified dietician
  19. a free and appropriate education in the least restrictive setting if 0-21 years old
  20. an individualized habilitation or education plan, within 30 days after admission to a program, which must be renewed annually
  21. refuse treatment unless required to prevent serious harm to oneself or others
  22. enforce these rights in a court of law or appropriate administrative proceedings
Universal Declaration of Human Rights (United Nations)
  1. All human beings are free and equal in dignity and rights
  2. All people are entitled to rights without distinction based on race, color, sex, language, religion, opinion, origin, property, birth or residency
  3. Right to life liberty and security of person
  4. Freedom from slavery
  5. Freedom from torture
  6. Right to be treated equally by the law
  7. Right to equal protection by the law
  8. Right for all to effective remedy by competent tribunal
  9. Freedom from arbitrary arrest
  10. Right to fair public hearing by Independent tribunal
  11. Right to presumption of innocence until proven guilty at public trial with all guarantees necessary for defense
  12. Right to privacy in home, family and correspondence
  13. Freedom of movement in your own country and the right to leave and return to any countries
  14. Right to political asylum in other countries
  15. Right to nationality
  16. Right to marriage and family and to equal right of men and women during and after marriage
  17. Right to own property
  18. Freedom of thought and conscience and religion
  19. Freedom of opinion and expression and to seek, receive and impart information
  20. Freedom of association and assembly
  21. Right to take part in and select government
  22. Right to social security and realization of economic, social and cultural rights
  23. Right to work, to equal pay for equal work and to form and join trade unions
  24. Right to reasonable hours of work and paid holidays
  25. Right to adequate living standards for self and family, including food, housing, clothing, medical care and social security
  26. Right to education
  27. Right to participate in cultural life and to protect intellectual property rights
  28. Right to social and international order permitting these freedoms to be realized
  29. Each person has responsibilities to the community and others as essential for a democratic society
  30. 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.