Title 31, Chapter 8, Section 108
( 31-8-108)
(a) Each resident shall receive care, treatment, and services which
are adequate and appropriate. Care, treatment, and services shall be
provided as follows: (1) With reasonable care and skill; (2) In compliance with applicable laws and regulations; (3) Without discrimination in the quality of a service based on
the source of payment for the service; (4) With respect for the resident's personal dignity and privacy;
and (5) With the goal of the resident's return home or to another
environment less restrictive than the facility. (b) In the provision of care, treatment, and services to the
resident by the facility, each resident or guardian shall be
entitled to the following: (1) To choose the resident's physician. The physician so chosen
shall inform the resident in advance whether or not the
physician's fees can be paid from public or private benefits to
which the resident is entitled and shall provide such
documentation as may be required by law or regulation; (2) To participate in the overall planning of the resident's care
and treatment. The resident or guardian shall be informed of this
right each time a substantial change in the treatment plan is
made; (3) To refuse medical treatment, dietary restrictions, and
medications for the resident. The resident or guardian shall be
informed of the probable consequences of such refusal, the refusal
shall be noted in the resident's medical records, and the
resident's attending physician shall be notified as soon as
practical. If such refusal apparently would be seriously harmful
to the health or safety of the resident, the facility shall either
refer the resident to a hospital or notify a responsible family
member or, if such a family member is not readily available, the
county department of family and children services. If such refusal
would be harmful to the health or safety of others, as documented
in the resident's medical records by the resident's physician,
this subsection shall not apply. Any facility or employee of such
facility which complies with this paragraph shall not be liable
for any damages resulting from such refusal; (4) To receive from the facility upon the request of the resident,
guardian, or representative the name, address, and telephone
number of the resident's physician; (5) To have any significant change in the resident's health status
reported to persons of his choice by the facility within a
reasonable time; and (6) To obtain from the resident's physician or the physician
attached to the facility a complete and current explanation
concerning the resident's medical diagnosis, treatment, and
prognosis in language the resident can understand. Each resident
shall have access to all information in the medical records of the
resident and shall be permitted to inspect and receive a copy of
such records unless medically contraindicated. The facility may
charge a reasonable fee for duplication, which fee shall not
exceed actual cost. (c) Each resident shall be free from experimental research or
treatment unless the informed, written consent of the resident or
guardian is first obtained. |