Rule 111-8-50-.08 - Refusal of Medical Treatment, Dietary Restrictions and MedicationsEach resident or guardian shall have the right to refuse any aspect of medical treatment, dietary restriction or any medication, subject to the following:
(a) When a resident or guardian makes such refusal such person shall be notified by the appropriate facility staff person or physician of the immediate and possible long-term consequences of the refusal. The refusal shall be documented in the resident's record as shall the possible consequences of the refusal, and the resident's physician shall be notified as soon as practical.(b) If such refusal would result in serious injury, illness or death, the facility shall: 1. Promptly notify the resident's physician and if serious injury, illness or death is imminent, transport the resident to a hospital; and2. Notify the resident's guardian, representative or responsible family member in that order of priority as specified in O.C.G.A. § 31-9-2 or if no such persons are immediately available, notify the director of the County Department of Family and Children Services or his designee. The director or designee shall document such notification and take appropriate protective measures.(c) If such refusal would result in injury, illness or death to any other person, such resident or guardian shall not enjoy this right of refusal. The likelihood of injury, illness, or death to any other person must be documented in the resident's records by the resident's physician.(d) Any facility or employee of a facility acting in accordance with this section shall be immune from all liability resulting from such refusal in accord with Ga. Code Ann; 88-1914B.Ga. Comp. R. & Regs. R. 111-8-50-.08
O.C.G.A. §§ 31-2-4et seq., 31-8-108 and 31-8-127.
Original Rule entitled "Refusal of Medical Treatment, Dietary Restrictions and Medications" adopted. F. Feb. 20, 2013; eff. Mar. 12, 2013.