Section 40.1-26-1. – Short title.

§ 40.1-26-1. Short title. This chapter shall be known as the “Rights for Persons with Developmental Disabilities.” History of Section.P.L. 1990, ch. 414, § 1.

Section 40.1-26-10. – Office of quality assurance.

§ 40.1-26-10. Office of quality assurance. The director of the department of behavioral healthcare, developmental disabilities 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 […]

Section 40.1-26-11. – Enforcement.

§ 40.1-26-11. Enforcement. The department shall promulgate rules and regulations to carry out the intent of this chapter. History of Section.P.L. 1997, ch. 136, § 1.

Section 40.1-26-2. – Definitions.

§ 40.1-26-2. Definitions. As used in this chapter: (1) “Advocate” means: (i) A legal guardian; or (ii) 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, […]

Section 40.1-26-3. – Participants’ rights.

§ 40.1-26-3. Participants’ rights. In addition to any other rights provided by state or federal laws, a participant as defined in this chapter shall be entitled to the following rights: (1) To be treated with dignity, respect for privacy, and have the right to a safe and supportive environment; (2) To be free from verbal […]

Section 40.1-26-3.1. – Applicant’s rights.

§ 40.1-26-3.1. Applicant’s rights. In addition to any other rights provided by state or federal laws, an applicant, as defined in this chapter, shall be entitled to: (1) Notification in a timely manner regarding his or her application; (2) Receive information regarding the appeal process; (3) Receive information regarding the scope and availability of services. […]

Section 40.1-26-4. – Requirements of agencies.

§ 40.1-26-4. Requirements of agencies. (a) In a manner consistent with the participant’s learning style, every agency shall provide to participants and/or advocates, upon entry into the agency and at the yearly review of the individualized plan information describing the participant rights, the name, address, and phone number of the human rights committee chair, or […]

Section 40.1-26-4.1. – Aversive interventions — Prohibitions.

§ 40.1-26-4.1. Aversive interventions — Prohibitions. It shall be unlawful for any agency to use prohibited aversive intervention techniques on a person with a developmental disability in the state of Rhode Island. The specific strategies to be prohibited within the context of behavioral treatment interventions include, but are not limited to, the following: (1) Noxious, […]

Section 40.1-26-5. – Participant grievance procedure.

§ 40.1-26-5. Participant grievance procedure. (a) Every agency must establish a written grievance procedure. The grievance procedure shall be presented to every participant or applicant in a manner consistent with the participant’s or applicant’s learning style and be conspicuously posted in each agency. The notice of grievance procedure shall include the name of organizations that […]

Section 40.1-26-6. – Immunity from liability.

§ 40.1-26-6. Immunity from liability. The state shall protect and hold harmless any volunteer member of a human rights committee from financial loss and expense, including legal fees and costs, if any, arising out of any claim, demand, or suit for damages resulting from acts or omissions committed in the discharge of his or her […]

Section 40.1-26-6.1. – Good-faith immunity.

§ 40.1-26-6.1. Good-faith immunity. 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 […]

Section 40.1-26-7. – Deprivation of rights — Penalty.

§ 40.1-26-7. Deprivation of rights — Penalty. Any person who willfully withholds from, or denies to, any participant in an agency any of his or her rights as granted in this chapter or who retaliates against a participant who exercises the right to register an alleged violation of rights or on whose behalf a grievance […]

Section 40.1-26-8. – Disqualification.

§ 40.1-26-8. Disqualification. A person convicted of any crime under this chapter shall be disqualified from holding any position in any agency licensed by the department of behavioral healthcare, developmental disabilities and hospitals. History of Section.P.L. 1994, ch. 83, § 3.

Section 40.1-26-9. – Nonduplication.

§ 40.1-26-9. Nonduplication. 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. History of Section.P.L. 1994, ch. 83, § 3.