(a) When a state MR facility or MRA gives a copy of the rights handbook in accordance with §4.117 of this subchapter (relating to Rights Handbooks), the state MR facility or MRA must explain the rights described in the rights handbook to the individual and LAR or actively involved person in plain and simple language and in a manner that the individual and LAR or actively involved person can easily understand. The explanation must address:
  (1) circumstances under which the individual's rights may be limited;
  (2) procedures that must be followed by the state MR facility or MRA to limit the individual's rights; and
  (3) how and with whom a complaint about a violation of a right may be filed.
(b) The language and manner used to provide the explanation must be designed for effective communication, tailored to meet the individual's ability to comprehend, and be responsive to any visual or hearing impairment.
(c) If the individual is unable to comprehend the explanation of rights described in subsection (a) of this section, the explanation provided to the LAR or actively involved person meets the requirements of this section.
(d) The state MR facility or MRA must document that the explanation of rights occurred. The documentation must state the name of the individual and the date that the explanation of rights occurred, and must include the dated signatures of the individual, LAR or actively involved person, and the staff member who explained the rights to the individual. The state MR facility or MRA must maintain the documentation in the individual's record.

Source Note: The provisions of this §334.119 adopted to be effective January 1, 2007, 31 TexReg 10349; transferred effective July 1, 2024, as published in the June 14, 2024, issue of the Texas Register, 49 TexReg 4435