§370.3050. Communication and Visitation

a)         Every resident shall be permitted unimpeded, private and uncensored communication of his or her choice by mail, public telephone or visitation.

 

b)         The facility program coordinator or house manager shall ensure that correspondence is conveniently received and mailed, and that telephones are reasonably accessible.

 

c)         The facility program coordinator or house manager shall ensure that residents may have private visits at any reasonable hour unless such visits are restricted by a physician, clinical psychologist, or a Qualified Mental Retardation Professional in order to protect the resident or others from harm, harassment or intimidation, and such restriction is documented in the resident's clinical record.

 

d)         The facility shall allow daily visiting at all reasonable times.

 

e)         The facility program coordinator or house manager shall ensure that space for visits is available and that facility personnel knock, except in an emergency, before entering any resident's room.

 

f)         All residents shall be permitted unimpeded, private and uncensored communication by telephone and visitation.  Such communication may only be restricted by a physician, clinical psychologist or Qualified Mental Retardation Professional, in order to reasonably protect the resident or others from harm, harassment or intimidation.  The reason for any restriction shall be placed in the resident's clinical record by the person making the restriction.

 

g)         All mail addressed to anyone shall be forwarded at once to the persons to whom they are addressed without examination by facility personnel.  All mail addressed to a resident shall be delivered to the resident without examination by facility personnel.

 

h)         Any employee or agent of a public agency, any representative of a community legal services program or any member of a community organization shall be permitted access at reasonable hours to any individual resident of any facility, if the purpose of such agency, program or organization includes rendering assistance to residents without charge, but only if there is neither a commercial purpose nor affect to such access and if the purpose is to do any of the following:

 

1)         Visit, talk with and make personal, social, and legal services available to all residents;

 

2)         Inform residents of their rights and entitlements and their corresponding obligations, under federal and State laws, by means of educational materials and discussions in groups and with individual residents;

 

3)         Assist residents in asserting their legal rights regarding claims for public assistance, medical assistance and social security benefits as well as in all other matters in which residents are aggrieved. Assistance may include counseling and litigation; or

 

4)         Engage in other methods of asserting, advising and representing residents so as to extend to them full enjoyment of their rights.

 

i)          No visitor shall enter the immediate living area of any resident without first identifying him or herself and then receiving permission from the resident to enter.  The rights of other residents present in the room shall be respected.

 

j)          A resident may terminate at any time a visit by a person having access to the resident's living area.