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§43A-4-108.
§43A-4-108.
A. A patient may perform labor which contributes to the operation and
maintenance of the facility for which the facility would otherwise
employ someone only if the patient voluntarily agrees to perform the
labor, engaging in the labor would not be inconsistent with the
treatment plan for the patient, and the amount of time or effort
necessary to perform the labor would not be excessive. In no event
shall discharge or privileges be conditioned upon the performance of
such labor.
B. A patient who performs labor which contributes to the operation and
maintenance of the facility for which the facility would otherwise be
required to employ someone, or who takes the place of an employee,
shall be compensated appropriately and in accordance with applicable
federal and state minimum wage laws, including minimum wage and
minimum wage reduction provisions. The provisions herein shall not
apply to bona fide "work therapy" which is a part of the treatment
program.
C. A patient who performs labor for a person or agency other than that
described in subsection B of this section shall be compensated an
appropriate amount if an economic benefit to the person or agency
results from his labor. The patient shall be compensated an
appropriate amount by such person or agency.
D. The governing body of a facility may provide for compensation of a
patient when he performs labor not governed by subsection B or C of
this section including, but not limited to, tasks performed pursuant
to a "work therapy" or a vocational training program. Tasks performed
as "work therapy" or as vocational training shall be an integral part
of the patient's individualized care and treatment plan. The amount of
compensation may be set by the facility.
E. Subsections A, B and C of this section shall not apply to labor of
a personal housekeeping nature, nor to labor performed as a condition
of residence in a small group living arrangement, nor tasks oriented
to improving community living skills.
F. Payment to patients pursuant to this section shall not be applied
by the facility to offset the costs of maintenance of patients in the
facility, unless a patient authorizes such payment or offset in
writing.
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