Revised Human Rights Regs Approved by the Governor

December 17, 2016

The regulatory action, which began more than four years ago, has been signed by the Governor which is the final level of approval before the regulations take effect!  They will be published in the Register on 9 January and will be effective 9 February, 2017. A summary of major proposed changes follows:
  • Operational functions of the system are removed from LHRCs, providers, and the SHRC, and placed with DBHDS.
  • DBHDS has an increased responsibility for the overall functioning of the human rights system by supporting LHRCs with resources, training, and consultation.
  • In consultation with the SHRC, DBHDS will set the number of LHRCs.
  • LHRC duties focus on the individual’s due process rights (complaints, behavior plans, variances, program rules). The duties to monitor providers are eliminated (review of policies, reporting requirements, attendance requirements, etc.).
  • LHRC review of plans that restrict an individual’s rights is expanded.
  • Human rights advocates have an increase in responsibility to train all stakeholders on the regulations.
  • Providers no longer affiliate with a local committee, but ensure access to a committee in their area if there is an issue for LHRC review. Providers are no longer required to attend LHRC meetings unless there is an issue.
  • Complaint processes are consolidated into one section.
  • The use of prone restraints is prohibited.
Recent conversations with Deb Lochart, Director of Human Rights, suggest that the OHR has guidance written and will be available soon. We have put the link to the text of the revised regs on the Provider Resources page.