It is enacted by the General Assembly as follows:

SECTION 1. Chapter 40.1-22.1 of the General Laws entitled "Rights for Persons with Developmental Disabilities in Community Residences" is hereby repealed in its entirety.

{DEL 40.1-22.1-1. Short title. -- DEL} {DEL This chapter shall be known as the rights for Persons with Developmental Disabilities in community residences. DEL}

{DEL 40.1-22.1-2. Definitions. -- DEL} {DEL Whenever used in this chapter, or in any order, rule or regulation made or promulgated pursuant to this chapter or in any printed forms, prepared by the department of mental health, retardation hospitals in furtherance of this chapter, unless otherwise expressly stated, or unless the context or subject matter otherwise requires:

(1) "Community residence" means any home or other living arrangement which is established, offered, maintained, conducted, managed or operated by any person for a period of at least twenty-four (24) hours, where on a twenty-four (24) hour basis direct supervision is provided for the purpose of providing rehabilitative treatment, rehabilitation, psychological support and or social guidance for three or more persons who are developmentally disabled, as defined by section 40.1-22-3(5). Such facilities shall include but not be limited to group homes and fully supervised apartment programs. Health care facilities licensed by Rhode Island department of health pursuant to R.I.G.L. section 23-17-1 et. seq., sheltered care homes for adult licensed by Rhode Island department of health pursuant to R.I.G.L. section 23-17.4-1 et seq. and facilities licensed by the Rhode Island department of children and their families pursuant to R.I.G.L. section 42-72-5(8) are specifically excluded from this definition.

(2) "Chief administrator" means the head of any community residence as defined in subsection (1) of this section.

(3) "Director" means the director of the department of health, retardation and hospitals.

(4) "Department" means the department of mental health, retardation and hospitals.

(5) "Grievance procedure" means the formalized process mandated by section 40.1-22.1-8 of this chapter to enable residents to register alleged violations of the resident's rights.

(6) "General service plan" means the document which sets forth specific services such as vocational, social, medical, psychiatric and rehabilitative, which are structured to accomplish, express, short and long-term goals and objectives responsive to the individual needs of the resident.

(7) "Resident" means any person, with developmental disabilities as defined by section 40.1-22-3(5), admitted to a community residence.

(8) "Human Rights Officer" means the chair of the human rights committee required to be established by the facility pursuant to federal and/or state law.

(9) "Competent" means the ability to understand the likely risks and benefits of a procedure or plan when such risks and benefits are presented in a manner most likely to be understood by the individual in light of his or her cognitive abilities and learning style.

(10) "Advocate" means an individual acting on behalf of a person with developmental disabilities and includes a legal guardian, family member, friend, or professional advocate. DEL}

{DEL 40.1-22.1-3. General powers and duties of the director of mental health, retardation and hospitals. -- DEL} {DEL (1) The director of mental health, retardation and hospitals is charged with the execution of laws relating to the admission and care of residents with respect to this chapter and is hereby authorized and empowered to take whatever action is necessary and proper to ensure the residents' comfort and welfare and to protect the residents' rights.

(2) The director or one or more of his assistants, representatives so designated, may:

(a) Examine all community residences.

(b) Inquire into their methods of government and the management of all persons therein.

(c) Examine the condition of all buildings, grounds and other property connected with community residence and all matters relating to its management.

(d) Communicate privately by mail or orally with any resident.

(e) To inspect all records relating to residents, provided that any report prepared by the director of mental health, retardation and hospitals or his assistants or representatives, shall not identify any resident by name or other identifying data. DEL}

{DEL 40.1-22.1-4. Admissions. -- DEL} {DEL (1) As part of the procedure for the admission of an individual to a community residence, each prospective resident or advocate if the resident is not competent shall be fully informed of all rules, regulations and policies governing resident conduct and responsibilities, including grounds for dismissal and procedures for discharge. A written application acknowledging such disclosure shall be signed by the prospective resident or his or her advocate if the resident is not competent.

(2) At the time of admission each resident or advocate if the resident is not competent shall be fully informed by residents' rights and a written copy of the residents' rights shall be given to each resident. This written copy of residents' rights shall include the working hours, address and telephone number of the chief administrator. The copy shall also include the address and telephone number of the human rights officer.

(3) At the time of admission each resident or advocate if the resident is not competent shall be fully informed orally and in writing of the grievance procedure established within the community residence.

(4) At the time of admission, each resident or advocate if the resident is not competent shall be informed in writing of all anticipated financial charges, including all costs not covered under federal and/or state programs, by other third payers or by the facility's basic per diem rate. DEL}

{DEL 40.1-22.1-5. Absolute rights of residents. -- DEL} {DEL No resident shall be deprived of any constitutional, civil, or legal right solely by reason of their acceptance in or admission to a community residence. Among others, such resident shall be entitled to the following rights without limitation:

(1) To dignity, privacy and humane care.

(2) To religious freedom and practice.

(3) To be free from verbal and physical abuse.

(4) Prior to instituting a plan of experimental medical treatment or performing any necessary surgical procedure, express and informed consent shall be obtained from the resident, if competent. If the resident is not competent, express and informed consent shall be obtained from his or her legal guardian, or if no guardian be appointed, upon order of a court of competent jurisdiction. Information upon which the resident shall make necessary treatment and surgery decisions shall include, but not limited to:

(a) The nature and consequence of such procedures.

(b) The risk, benefits and purpose of such procedure.

(c) Alternate procedures available.

(5) The express and informed consent of a resident or his or her advocate may be withdrawn at any time, with or without cause, prior to treatment. The absence of express and informed consent notwithstanding, a licensed and qualified physician may render emergency medical care or treatment to any resident who has been injured or who is suffering from an acute illness, disease, or condition if, within a reasonable degree of medical certainty, delay in initiation of emergency medical care or treatment would endanger the health of the resident.

(6) To be employed at a gainful occupation appropriate to the resident's age, interest and abilities and in the most integrated community setting. No resident shall be required to perform labor which involves the essential operation and maintenance of the residence or program or the regular supervision or care of other resident. Resident, however, may be requested to perform labor involving normal housekeeping and home maintenance functions as documented in the individual service plan.

(7) Upon the discharge or death of a resident, a final accounting shall be made of all personal effects and money belonging to the resident held by the agency. All such personal effects and money, including interest shall be promptly released to the resident or his or her heirs.

(8) To participate in the development of his or her general service plan, if competent, or his or her advocate if the resident is incompetent and to give informed consent to implementation of the plan.

(9) The resident, if competent, or the advocate if the resident is incompetent, shall have access to his or her individualized plan and other medical, social, financial, vocational, psychiatric or other information included in the resident's file.

(10) Each resident shall have a central record. The record shall include data pertaining to admission and such other information as may be required under regulation by the department.

(11) To register an alleged violation of residents' rights through the established grievance procedure as delineated in section 40.1-22.1-8 of this chapter.

(12) To be free from unnecessary restraint. Restraints shall not be employed as punishment, for the convenience of the staff, or as a substitute for a general service plan. Restraints shall impose the least possible restrictions consistent with their purpose and shall be removed when the emergency ends. Restraints shall not cause physical injury to the participant and shall be designed to allow the greatest possible comfort. Restraints shall be subject to the following conditions:

(a) Physical restraint shall be employed only emergencies to protect the participant or others from imminent injury or when prescribed by a physician, when necessary, during the conduct of a specific medical or surgical procedure or if necessary for participant protection during the time that a medical condition exists.

(b) Chemical restraint shall only be used when prescribed by a physician in extreme emergencies in which physical restraint is not possible and the harmful effects of the emergency clearly outweigh the potential harmful effects of the chemical restraint.

(c) No participant shall be placed in seclusion.

(d) The program shall have a written policy that defines the use of restraints, the staff members who may authorize their use, and a mechanism for monitoring and controlling their use.

(e) All orders for restraint as well as the required frequency of staff observation of the participant shall be written.

(13) To give written informed consent to the imposition of any plan to modify behavior which utilizes aversive techniques or impairs the residents' liberty or to have a advocate provide informed consent if the resident is incompetent to do so. Provided, however, that if the participant is competent to provide consent but cannot provide written consent, the program shall accept an alternate form of consent and document in the participant's record how such consent was obtained. DEL}

{DEL 40.1-22.1-6. Qualified rights of residents. -- DEL} {DEL Except to the extent that the chief administrative officer, or his designee, determines that a limitation or a denial of one of the following would be in the resident's best interest, and further unless the chief administrative officer, or his designee, documents the good cause reasons for such denial or limitations in the resident's individualized general service plan, the resident shall be entitled to the following:

(1) To communicate by sealed mail or otherwise with persons of one's choosing;

(2) To have reasonable access to telephone communication;

(3) To receive visitors of one's choosing at all reasonable hours, posted reasonable hours visiting hours must be maintained in each facility;

(4) To wear one's own clothing and keep and use one's own personal possessions;

(5) To have opportunities for physical exercise and outdoor recreation;

(6) To keep and be allowed to spend a reasonable amount of one's own money for consumer purchases;

(7) To have reasonable, prompt access to current newspapers, magazines, and radio and television programming. DEL}

{DEL 40.1-22.1-7. Posting. -- DEL} {DEL A copy of the resident's rights promulgated in this chapter shall be conspicuously posted in each community residence. DEL}

{DEL 40.1-22.1-8. Community residence grievance procedure. -- DEL} {DEL (1) A community residence shall have a written grievance procedure in order to resolve allegations of violations of the rights assured in this chapter. The grievance procedure shall be conspicuously posted in each community residence. The notice of grievance procedure shall include the name of organizations that provide free legal assistance.

(2) The resident or advocate shall be entitled to initiate a grievance at all times, and to this end, grievance forms shall be made available at all times. It shall be the duty of the community residence staff to encourage and assist the resident in exercising his or her rights under this section.

(3) The resident shall initiate the grievance by filing a grievance form with the chief administrative officer. The chief administrative officer shall forthwith forward a copy of the grievance form to the chair of the human rights committee or his or her designee.

(4) The chief administrative office, or his or her designee, with the assistance of the chair of the human rights committee or his or her designee, shall investigate the grievance and issue a written decision to the resident within five (5) business days of receipt of the grievance. The written decision shall include a copy of the grievance, a list of persons interviewed in the investigation, the steps taken to resolve the grievance and the conclusion of the chief administrative officer or his or her designee.

(5) A resident who is not satisfied with the decision of the chief administrative officer shall have the right to have the grievance heard under regulations promulgated by the department. Such regulations shall at a minimum provide for review of the grievance as a "contested case" at an administrative hearing which meets the requirements of RIGL 42-35-9. The chair of the human rights committee or his or her designee shall, if necessary, assist the resident in requesting such review. DEL}

{DEL 40.1-22.1-9. Dismissal from the community residence. -- DEL} {DEL A resident shall be fully informed in writing of the grounds for dismissal from the community residence. In the event that a resident is aggrieved by such a dismissal, such resident shall have absolute recourse to the resident grievance procedure as outlined in this chapter. DEL}

{DEL 40.1-22.1-10. Deprivation of rights -- Penalty. -- DEL} {DEL Any person who willfully withholds from or denies to any person admitted to a community residence, any of his right as herein granted, shall on conviction thereof be fined not exceeding five hundred ($500) dollars or imprisoned not exceeding six (6) months.

Any person who retaliates against a resident who exercises the right to register an alleged violation of rights or on whose behalf a grievance is filed shall on conviction thereof be fined not exceeding five hundred dollars ($500) or imprisoned not exceeding six (6) months. DEL}

{DEL 40.1-22.1-11. Duty to report. -- DEL} {DEL Any employee who has reasonable cause to believe that an assault or a battery has been committed upon a resident shall make an immediate report including the identity of parties and witnesses and details of the incident to the director of the department of mental health, retardation and hospitals or his or her designee, the director of said department shall cause the report to be investigated immediately and further shall notify the appropriate law enforcement agencies of said investigation. Any person who fails to make such report shall be guilty of a misdemeanor punishable by a fine of not more than five hundred dollars ($500). DEL}

{DEL 40.1-22.1-12. Immunity from liability. -- DEL} {DEL Any person who makes a report pursuant to this act or who testifies in any administrative or judicial proceeding arising from the report shall be immune from any civil or criminal liability for making such a report or for testifying except for liability for perjury, unless the person acted in bad faith or with malicious purpose. DEL}

{DEL 40.1-22.1-13. Disqualification. -- DEL} {DEL A person convicted of any crime under this chapter shall be disqualified from holding any position in any community residence licensed by the department pursuant to chapter 24 of this title. chapter 24 of the general laws of Rhode Island. DEL}

{DEL 40.1-22.1-14. Severability. -- DEL} {DEL If any clause, sentence, paragraph, section, or part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in the operation to the clause, sentence, paragraph, section, or part thereof directly involved in the controversy in which the judgment shall be rendered. DEL}

{DEL 40.1-22.1-15. Implementation. -- DEL} {DEL Any sums necessary for the implementation of this chapter shall be provided from the funds appropriated to the department of mental health, retardation, and hospitals in fiscal year 1984-85. It is expressly understood that additional funds for the implementation of this chapter are not provided. DEL}

SECTION 2. Sections 40.1-26-2, 40.1-26-3, 40.1-26-4, 40.1-26-5, and 40.1-26-7 of the General Laws in Chapter 40.1-26 entitled "Rights of Persons with Developmental Disabilities" are hereby amended to read as follows:

{ADD 40.1-26-2. Definitions. -- ADD} As used in this chapter:

(a) "Participant" means any person {ADD eighteen (18) years or older, ADD} with a developmental disability {DEL who is eligible for or DEL} who receives services from {DEL a program or facility DEL} {ADD the division of developmental disabilities and/or an agency ADD} licensed by the department of mental health, retardation and hospitals.

(b) "Advocate" means {DEL an individual acting on behalf of a person with developmental disabilities and includes a legal guardian, family member, friend or professional advocate. DEL} {ADD (1) a legal guardian; or (2) an individual acting on behalf of a person with a developmental disability in a manner clearly consistent with the interests of the person with a developmental disability and includes a family member, friend, or professional advocate. Whenever possible an advocate should be selected by the person with a disability. ADD}

(c) "Developmental Disability" means a severe chronic disability which is attributable to a mental or physical impairment or combination of impairments; is manifested before the person attains age twenty-two (22); is likely to continue indefinitely; results in substantial functional limitations in three (3) or more of the following areas of major life activity: self-care, receptive and expressive language, learning, mobility, self-direction, capacity for independent living, economic self-sufficiency; and reflects the person's need for a combination and sequence of special, interdisciplinary or generic care, treatment, or other services which are of life-long or extended duration and are individually planned and coordinated.

(d) "Department" means the department of mental health, retardation and hospitals.

(e) "Competent" means the ability to understand the likely risks and benefits of a procedure or plan when such risks and benefits are presented {ADD to the participant ADD} in a manner most likely to be understood by the {DEL individual DEL} {ADD participant ADD} in light of his or her cognitive abilities and learning style.

(f) {DEL "Program" means any day-treatment program, habilitation program, rehabilitation program or other program for persons with developmental disabilities DEL} {ADD "Agency" means any person or organization which provides day program services, residential services, support services or advocacy services for persons with developmental disabilities, and which is ADD} licensed by the department of mental health, retardation and hospitals pursuant to sections 40.1-24-1 et seq.

(g) {DEL "Facility" means any community residence for persons with developmental disabilities DEL} {ADD "Applicant" means any person with a developmental disability who has applied for services from the division of developmental disabilities and/or any agency ADD} licensed by the department of mental health, retardation and hospitals pursuant to sections 40.1-24-1 et seq.

{ADD (h) "Relative" means a member of the participant's or applicant's family who has been actively involved in the participant's or applicant's life, has an ongoing relationship with the participant or applicant, and is supportive in a manner clearly consistent with the best interests of the participant or applicant.

(i) "Individualized Plan" means the personalized document which describes an individualized profile of the participant highlighting his or her capabilities, preferences and interests. The plan describes specific supports in the areas of vocational, social, medical, supported living, and rehabilitation required to meet the specific needs of the participant. The plan includes quality indicators that demonstrate the plan has met the expectations of the participant and the participant is satisfied with the support services he or she is receiving.

(j) "Seclusion" means placing a participant alone in a locked room without supervision.

(k) "Serious Incidents" means any situation involving a person with developmental disabilities in which the person: (1) has sustained an injury which requires medical care or treatment beyond routine first aid; (2) has been missing; (3) has died; (4) has been involved in a criminal act; (5) has been subject to a medication error. ADD}

{ADD 40.1-26-3. Participants' rights. -- ADD} In addition to any other rights provided by state or federal laws, a participant {DEL of any program licensed by the department of mental health, retardation and hospitals DEL} {ADD as defined in this chapter ADD} shall be entitled to the following rights:

(a) To be treated with dignity {DEL and DEL} {ADD , ADD} respect for privacy {DEL ; DEL} {ADD and have the right to a safe and supportive environment; ADD}

(b) To be free from verbal and physical abuse;

(c) To engage in {DEL activities DEL} {ADD any activity including employment, ADD} appropriate to his or her age, {ADD and ADD} interests {DEL and abilities and DEL} in the most integrated community setting {DEL ; DEL} {ADD . ADD}

{ADD No participant shall be required to perform labor which involves the essential operation and maintenance of the agency or the regular supervision or care of other participants. Participants may however, be requested to perform labor involving normal housekeeping and home maintenance functions if such responsibilities are documented in the participant's individualized plan; ADD}

(d) To participate in the development of his or her {DEL general service DEL} {ADD individualized ADD} plan and to provide informed consent to its implementation or to have an advocate provide informed consent if the participant is not competent to do so;

(e) To have access to his or her {DEL general service DEL} {ADD individualized ADD} plan and other medical, social, financial, vocational, psychiatric or other information included in the file maintained by the {DEL program; DEL} {ADD agency; ADD}

(f) To give written informed consent prior to the imposition of any plan designed to modify behavior {ADD , including those ADD} which utilize {DEL s DEL} aversive techniques or impairs the participant's liberty or to have an advocate provide written informed consent if the participant is not competent to do so. Provided, however, that if the participant is competent to provide consent but cannot provide written consent, the {DEL program DEL} {ADD agency ADD} shall accept an alternate form of consent and document in the participant's record how such consent was obtained;

(g) To register {ADD a complaint regarding ADD} an alleged violation of rights through the grievance procedure delineated in section 40.1-26-5;

(h) To be free from unnecessary restraint. Restraints shall not be employed as punishment, for the convenience of the staff, or as a substitute for {DEL a general service DEL} {ADD an individualized ADD} plan. Restraints shall impose the least possible restrictions consistent with their purpose and shall be removed when the emergency ends. Restraints shall not cause physical injury to the participant and shall be designed to allow the greatest possible comfort. Restraints shall be subject to the following conditions:

(1) Physical restraint shall be employed only in emergencies to protect the participant or others from imminent injury or when prescribed by a physician, when necessary, during the conduct of a specific medical or surgical procedure or if necessary for participant protection during the time that a medical condition exists.

(2) Chemical restraint shall only be used when prescribed by a physician in extreme emergencies in which physical restraint is not possible and the harmful effects of the emergency clearly outweigh the potential harmful effects of the chemical restraints.

(3) No participant shall be placed in seclusion.

(4) The {DEL program DEL} {ADD agency ADD} shall have a written policy that defines the use of restraints, the staff members who may authorize their use, and a mechanism for monitoring and controlling their use.

(5) All orders for restraint as well as the required frequency of staff observation of the participant shall be written {DEL : DEL} {ADD . ADD}

(i) To have reasonable access to telephone communication;

(j) To receive visitors of a participants choosing at all reasonable hours;

(k) To keep and be allowed to spend a reasonable amount of one's own money {ADD ; ADD} {DEL for consumer purchases; and DEL}

(l) To be provided advance written notice explaining the reason(s) why the participant is no longer eligible for service from the {DEL program. DEL} {ADD agency; ADD}

{ADD (m) To religious freedom and practice;

(n) To communicate by sealed mail or otherwise with persons of one's choosing;

(o) To select and wear one's own clothing and to keep and use one's own personal possessions;

(p) To have reasonable, prompt access to current newspapers, magazines and radio and television programming;

(q) To have opportunities for physical exercise and outdoor recreation;

(r) To provide informed consent prior to the imposition of any invasive medical treatment including any surgical procedure or to have a legal guardian, or in the absence of a legal guardian, a relative as defined in this chapter, provide informed consent if the participant is not competent to do so. Information upon which a participant shall make necessary treatment and/or surgery decisions shall be presented to the participant in a manner consistent with his or her learning style and shall include, but not be limited to:

(a) The nature and consequences of the procedure(s);

(b) The risks, benefits and purpose of the procedure(s); and

(c) Alternate procedures available.

The informed consent of a participant or his or her legal guardian or, in the absence of a legal guardian, a relative as defined in this chapter, may, be withdrawn at any time, with or without cause, prior to treatment. The absence of informed consent notwithstanding, a licensed and qualified physician may render emergency medical care or treatment to any participant who has been injured or who is suffering from an acute illness, disease, or condition if, within a reasonable degree of medical certainty, delay in initiation of emergency medical care or treatment would endanger the health of the participant;

(s) Each participant shall have a central record. The record shall include data pertaining to admissions and such other information as may be required under regulations by the department;

(t) Admissions -- As part of the procedure for the admission of a participant to an agency, each participant or applicant, or advocate if the participant or applicant is not competent, shall be fully informed orally and in writing of all rules, regulations and policies governing participant conduct and responsibilities, including grounds for dismissal, procedures for discharge, and all anticipated financial charges, including all costs not covered under federal and/or state programs, by other third party payors or by the agency's basic per diem rate. Such written notice shall include information regarding the participant's or applicant's right to appeal the admission or dismissal decisions of the agency;

(u) Upon termination of services to or death of a participant, a final accounting shall be made of all personal effects and/or money belonging to the participant held by the agency. All such personal effects and/or money including interest shall be promptly released to the participant or his or her heirs. ADD}

{DEL 40.1-26-4. Requirements of programs. -- DEL} {ADD 40.1-26-4. Requirements of agencies. -- ADD} (1) {DEL Every program DEL} {ADD In a manner consistent with the participant's learning style every agency ADD} shall provide to participants {ADD and/or advocates ADD} upon entry into the {DEL program DEL} {ADD agency ADD} and at the yearly review of the {DEL general service DEL} {ADD individualized ADD} plan {DEL a statement DEL} {ADD information ADD} describing the participant rights {DEL described in section 40.1-26-3, DEL} the {ADD name, ADD} address and phone number of the human rights committee {DEL and the name of the chair of the human rights committee DEL} {ADD chair or his or her designee ADD} , the participant grievance procedure as required by section 40.1-26-5 and the availability of free legal assistance. Every {DEL program DEL} {ADD agency ADD} shall also post a notice describing the information set out in this subsection.

(2) Every {DEL program DEL} {ADD agency ADD} shall establish or participate in a human rights committee comprised of persons with developmental disabilities, family members of persons with developmental disabilities, qualified persons who have either experience or training in contemporary practices to change inappropriate participant behavior, advocates of persons with developmental disabilities and staff of {DEL programs or facilities DEL} {ADD agencies ADD} providing services to persons with developmental disabilities (provided, however, that employees {ADD and/or their spouses ADD} of the agency {DEL which administers the program DEL} shall not participate in that agency's human rights committee {ADD as voting members ADD} ).

(3) Every {DEL program DEL} {ADD agency ADD} shall utilize the human rights committee to review, approve and monitor individual plans designed to modify behavior which utilize aversive techniques or impair the participant's liberty and other plans {ADD , policies ADD} and procedures that {DEL , in the opinion of the committee, DEL} involve risks to participant protection and rights. No {DEL program DEL} {ADD agency ADD} shall implement a plan to modify behavior {ADD , or any other plan, policy or procedure described in this section ADD} without prior approval by the human rights committee.

(4) Every {DEL program DEL} {ADD agency ADD} shall maintain incident reports documenting {ADD (a) ADD} any injury, {DEL medication, error or other unusual occurrence DEL} {ADD any physical or emergency chemical restraint or alleged human rights violation, including but not limited to allegations of abuse, neglect, mistreatment, and (b) serious incidents ADD} .

(5) Every {DEL program DEL} {ADD agency ADD} shall provide the human rights committee with copies of all incident reports completed by the {DEL program DEL} {ADD agency ADD} .

(6) Every {DEL program DEL} {ADD agency ADD} shall provide the human rights committee with copies of all grievances filed by participants or advocates and a copy of the final resolution of said grievance.

{ADD 40.1-26-5. Participant grievance procedure. -- ADD} (1) Every {DEL program DEL} {ADD agency ADD} must establish a written grievance procedure {DEL to be used to process allegations of violations of rights assured by this chapter DEL} . The grievance procedure shall be {ADD presented to every participant or applicant in a manner consistent with the participant's or applicant's learning style and be ADD} conspicuously posted in each {DEL program DEL} {ADD agency ADD} . The notice of grievance procedure shall include the name of organizations that provide free legal assistance.

(2) The participant {ADD , applicant, ADD} or advocate shall be entitled to initiate a grievance at all times and to this end, grievance forms shall be made available at all times. It shall be the duty of each {DEL program DEL} {ADD agency ADD} to encourage and assist the participant {ADD or applicant ADD} in exercising his or her rights under this section.

(3) The participant {ADD , applicant, ADD} or advocate shall initiate the grievance by filing a grievance form with the director of the {DEL program DEL} {ADD agency ADD} . The director shall forthwith forward a copy of the grievance form to the chair of the human rights committee.

(4) The director, or his or her designee, with the assistance of the chair of the human rights committee or his or her designee, shall investigate the grievance and issue a written decision to the participant {ADD , applicant, ADD} or advocate within five (5) business days of receipt of the grievance. The written decision shall include a copy of the grievance, a list of persons interviewed in the investigation, the steps taken to resolve the grievance and the conclusion of the director or his or her designee.

(5) A participant {ADD , applicant, ADD} or advocate who is not satisfied with the decision of the director shall have the right to {DEL have the grievance heard DEL} {ADD appeal that decision ADD} under regulations promulgated by the department of mental health, retardation and hospitals. These regulations shall at a minimum provide for review of the grievance as a "contested case" at an administrative hearing which meets the requirements of section 42-35-9. The chair of the human rights committee or his or her designee shall, if necessary, assist the participant in requesting a review.

{ADD 40.1-26-7. Deprivation of rights -- Penalty. -- ADD} Any person who willfully withholds from or denies to any participant {DEL in a program DEL} {ADD in an agency ADD} any {ADD of his or her ADD} rights as herein granted or who retaliates against a participant who exercises the right to register an alleged violation of rights {ADD or on whose behalf a grievance is filed ADD} , shall on conviction thereof be fined not exceeding five hundred dollars ($500) or imprisoned not exceeding six (6) months.

SECTION 3. Chapter 40.1-26 of the General Laws entitled "Rights of Persons with Developmental Disabilities" is hereby amended by adding thereto the following sections:

{ADD 40.1-26-3.1. Applicant's rights. -- ADD} {ADD In addition to any other rights provided by state or federal laws, an applicant, as defined in this chapter, shall be entitled to:

(a) Notification in a timely manner regarding his or her application;

(b) Receive information regarding the appeal process;

(c) Receive information regarding the scope and availability of services. ADD}

{ADD 40.1-26-6.1. Good faith immunity. -- ADD} {ADD Any volunteer member of a human rights committee, acting in good faith and meeting the requirements of this statute, shall have immunity from any liability, civil or criminal, that might be incurred in the performance of his or her duties as a volunteer member of a human rights committee and shall not be made to answer in any court for his or her participation as a volunteer member of a human rights committee. ADD}

{ADD 40.1-26-8. Disqualification. -- ADD} {ADD A person convicted of any crime under this chapter shall be disqualified from holding any position in any agency licensed by the department of mental health, retardation and hospitals. ADD}

{ADD 40.1-26-9. Non-duplication. -- ADD} {ADD Nothing in this chapter shall be construed to relieve any state or federal agency from its responsibilities and obligations as set forth in state or federal law. ADD}

{ADD 40.1-26-10. Office of quality assurance. -- ADD} {ADD The director of the department of mental health, retardation and hospitals shall establish, within the division of developmental disabilities, an office of quality assurance for persons with developmental disabilities. The purpose of the office shall be to:

(1) Assure the quality of services provided by agencies or individuals to participants as defined in this chapter;

(2) Provide for the protection and promotion of the legal and civil rights of participants provided in section 40.1-26-3;

(3) As the designated office for the director of mental health, retardation and hospitals, investigate and evaluate, or cause to be investigated and evaluated, reports made pursuant to section 40.1-27-2. ADD}

SECTION 4. This act shall take effect upon passage.