Section 27B-8-50 – Aversive behavioral intervention techniques–Findings.
27B-8-50. Aversive behavioral intervention techniques–Findings. The Legislature hereby finds that: (1)Research does not support the long-term efficacy of aversive behavioral intervention; (2)The use of aversive or abusive treatment raises disturbing legal and ethical issues, and may well deprive the recipient of constitutional or statutory rights and be outside the ethical guidelines imposed upon the treatment […]
Section 27B-8-51 – Use of aversive intervention techniques prohibited.
27B-8-51. Use of aversive intervention techniques prohibited. No person may use aversive intervention techniques on a person with a developmental disability. Source: SL 2000, ch 131, §96.
Section 27B-8-42 – Other rights not limited by receipt of services–Certain practices prohibited.
27B-8-42. Other rights not limited by receipt of services–Certain practices prohibited. The receipt of services and supports pursuant to this chapter does not operate to deprive any person with a developmental disability of any other rights, benefits, or privileges, does not cause the person with a developmental disability to be declared legally incompetent, and may […]
Section 27B-8-43 – Retaliation against whistle-blower forbidden–Definition.
27B-8-43. Retaliation against whistle-blower forbidden–Definition. No agency, community service provider, facility, or school may retaliate against any staff who reports in good faith suspected abuse, neglect, or exploitation, or against any person with a developmental disability with respect to any report. An alleged perpetrator cannot self-report solely for the purpose of claiming retaliation. There is […]
Section 27B-8-44 – Certain conduct as misdemeanor.
27B-8-44. Certain conduct as misdemeanor. Any person who knowingly engages in conduct with the intent to deprive persons with developmental disabilities of any right as set forth in this title is guilty of a Class 1 misdemeanor. Source: SL 2000, ch 131, §89.
Section 27B-8-36 – Rights and responsibilities of person with developmental disability.
27B-8-36. Rights and responsibilities of person with developmental disability. Unless modified by court order, a person with a developmental disability has the same legal rights and responsibilities guaranteed to all other persons under the federal and state constitutions and federal and state laws . Source: SL 2000, ch 131, §81.
Section 27B-8-37 – Religious rights.
27B-8-37. Religious rights. No person with a developmental disability may be required to perform any act or is subject to any procedure which is contrary to the person’s religious beliefs, and each person has the right to practice personal religious beliefs and to be accorded the opportunity for religious worship. No person may be coerced […]
Section 27B-8-38 – Right to public educational services.
27B-8-38. Right to public educational services. Any person with a developmental disability has the right to receive publicly supported educational services in accordance with federal and state education laws. Source: SL 2000, ch 131, §83.
Section 27B-8-39 – Right of access to dental and medical care.
27B-8-39. Right of access to dental and medical care. Any person with a developmental disability has the right to access to appropriate dental and medical care and treatment for any physical ailments and for the prevention of illness or disability. Source: SL 2000, ch 131, §84.
Section 27B-8-40 – Emergency treatment without consent–Documentation of necessity.
27B-8-40. Emergency treatment without consent–Documentation of necessity. Surgery and any other medical procedures may be performed without consent or court order only if the life of the person with a developmental disability is threatened and there is not time to obtain consent or a court order. Documentation of the necessity for the surgery shall be […]