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1852. Patients' bill of rights; adoption
(a)
The general assembly hereby adopts the "Bill of Rights for
Hospital Patients" as follows:
(1)
The patient has the right to considerate and respectful care at
all times and under all circumstances with recognition of his
or her personal dignity.
(2)
The patient shall have an attending physician who is responsible
for coordinating a patient's care.
(3)
The patient has the right to obtain, from the physician coordinating
his or her care, complete and current information concerning diagnosis,
treatment, and any known prognosis in terms the patient can reasonably
be expected to understand. If the patient consents or if the patient
is incompetent or unable to understand, immediate family members,
a reciprocal beneficiary or a guardian may also obtain this information.
When it is not medically advisable to give such information to
the patient, the information shall be made available to immediate
family members, a reciprocal beneficiary or a guardian. The patient
has the right to know by name the attending physician primarily
responsible for coordinating his or her care.
(4)
Except in emergencies, the patient has the right to receive from
the patient's physician information necessary to give informed
consent prior to the start of any procedure or treatment, or both.
Such information for informed consent should include but not necessarily
be limited to the specific procedure or treatment, or both, the
medically significant risks involved, and the probable duration
of incapacitation. Where medically significant alternatives for
care or treatment exist, or when the patient requests information
concerning medical alternatives, the patient has the right to
such information. The patient also has the right to know the name
of the person responsible for the procedures or treatment, or
both.
(5)
The patient has the right to refuse treatment to the extent permitted
by law. In the event the patient refuses treatment, the patient
shall be informed of the medical consequences of that action and
the hospital shall be relieved of any further responsibility for
that refusal.
(6)
The patient has the right to every consideration of privacy concerning
the patient's own medical care program. Case discussion, consultation,
examination, and treatment are confidential and shall be conducted
discreetly. Those not directly involved in the patient's care
must have the permission of the patient to be present. This right
includes the right, upon request, to have a person of one's own
sex present during certain parts of a physical examination, treatment
or procedure performed by a health care professional of the opposite
sex; and the right not to remain disrobed any longer than is required
for accomplishing the medical purpose for which the patient was
asked to disrobe. The patient has the right to wear appropriate
personal clothing and religious or other symbolic items so long
as they do not interfere with diagnostic procedures or treatment.
(7)
The patient has the right to expect that all communications and
records pertaining to his or her care shall be treated as confidential.
Only medical personnel, or individuals under the supervision of
medical personnel, directly treating the patient, or those persons
monitoring the quality of that treatment, or researching the effectiveness
of that treatment, shall have access to the patient's medical
records. Others may have access to those records only with the
patient's written authorization.
(8)
The patient has the right to expect that within its capacity a
hospital shall respond reasonably to the request of a patient
for services. The right shall include if physically possible a
transfer to another room or place if another person in that room
or place is disturbing the patient by smoking or other unreasonable
actions. When medically permissible a patient may be transferred
to another facility only after receiving complete information
and explanation concerning the needs for and alternatives to such
a transfer. The institution to which the patient is to be transferred
must first have accepted the patient for transfer.
(9)
The patient has the right to know the identity and professional
status of individuals providing service to him or her, and to
know which physician or other practitioner is primarily responsible
for his or her care. This includes the patient's right to know
of the existence of any professional relationship among individuals
who are treating him or her, as well as the relationship to any
other health care or educational institutions involved in his
or her care.
(10)
The patient has the right to be advised if the hospital proposes
to engage in or perform human experimentation affecting the patient's
care or treatment. Participation by patients in clinical training
programs or in the gathering of data for research purposes shall
be voluntary. The patient has the right to refuse to participate
in such research projects.
(11)
The patient has the right to expect reasonable continuity of care.
The patient has the right to be informed by the attending physician
of any continuing health care requirements following discharge.
(12)
The patient has the right to receive an itemized, detailed and
understandable explanation of charges regardless of the source
of payment.
(13)
The patient has the right to know what hospital rules and regulations
apply to his or her conduct as a patient.
(14)
Whenever possible, guardians or parents have the right to stay
with their children 24 hours per day. Whenever possible, guardians,
reciprocal beneficiaries or immediate family members have the
right to stay with terminally ill patients 24 hours a day.
(15)
A patient who does not speak or understand the predominant language
of the community has a right to an interpreter if the language
barrier presents a continuing problem to patient understanding
of the care and treatment being provided. A patient who is hearing
impaired has a right to an interpreter if the impairment presents
a continuing problem to patient understanding of the care and
treatments being provided.
(b)
Failure to comply with any provision of this section may constitute
a basis for disciplinary action against a physician under chapter
23 of Title 26. A complaint may be filed with the board of medical
practice.
(c)
A summary of the hospital's obligations under this section, written
in clear language and in easily readable print, shall be distributed
to patients upon admission and posted conspicuously at each nurse's
station. Such notice shall also indicate that as an alternative
or in addition to the hospital's complaint procedures, the patient
may directly contact the licensing agency or the board of medical
practice. The address and phone number of the licensing agency
and board of medical practice shall be included in the notice.
(Added 1985, No. 163 (Adj. Sess.), § 1; amended 1989, No.
219 (Adj. Sess.), § 4; 1999, No. 91 (Adj. Sess.), §
35.)
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