Section 0720-23-.12 - PATIENT/RESIDENT RIGHTS(1) The residential hospice shall establish and implement written policies and procedures setting forth the rights of patients and residents for the protection and preservation of dignity and individuality. Each patient and resident has at least the following rights: (a) To privacy in treatment and personal care;(b) To privacy, for visits by his/her spouse or significant other;(c) To share a room with his/her spouse or significant other;(d) To be different in order to promote social, religious, and psychological well being;(e) To privately talk and/or meet with and see any person;(f) To send and receive mail promptly and unopened;(g) To be free from mental and physical abuse. Should this right be violated, the facility must notify the Department within five (5) business days of the incident and the Tennessee Department of Human Services, Adult Protective Services as required by T.C.A. §§ 71-6-101 et seq.;(h) To be free from chemical and physical restraints;(i) To meet and take part in activities of social, commercial, religious, and community groups. The administrator may refuse access to the facility to any person if that person's presence would be injurious to the health and safety of a patient/resident or staff, or would threaten the security of the property of the patient or resident, staff or facility;(j) To retain and use personal clothing and possessions as space permits;(k) To be free from being required by the facility to work or perform services;(l) To be fully informed by a physician of his/her health and medical condition. The facility shall give the patient or resident and family the opportunity to participate in planning the patient's or resident's care and medical treatment;(m) To have appropriate assessment and management of pain;(n) To be involved in the decision making of all aspects of their care;(o) To refuse treatment. The patient or resident must be informed of the consequences of that decision. The refusal and its reason must be reported to the physician and documented in the medical record;(p) To refuse experimental treatment and drugs. The patient's/resident's or health care decision maker's written consent for participation in research must be obtained and retained in the medical record;(q) To have records kept confidential and private. Written consent by the patient and/or resident must be obtained prior to release of information except to persons authorized by law. If the patient and/or resident lacks capacity, written consent is required from the patient and/or resident's health care decision maker. The residential hospice must have policies to govern access and duplication of the patient's and/or resident's record;(r) To manage personal financial affairs. Any request by the patient or resident for assistance must be in writing. A request for any additional person to have access to a patient's or resident's funds must also be in writing;(s) To be told in writing before or at the time of admission about the services available in the facility, about any extra charges and charges for services not covered;(t) To be free from discrimination because of the exercise of the right to speak and voice complaints;(u) To exercise his/her own independent judgment by executing any documents, including admission forms; and(v) To voice grievances and complaints, and to recommend changes in policies and services to the facility staff, or outside representatives of the patient's or resident's choice. The facility shall establish a grievance procedure and fully inform the patient or resident and family of same.(2) The rights set forth in this section may be abridged, restricted, limited or amended only as follows: (a) When medically contraindicated;(b) When necessary to protect and preserve the rights of the patients or residents in the facility; or(c) When contradicted by the explicit provisions of another rule of the board.(3) Any reduction in patients' or resident's rights must be explicit, reasonable, appropriate to the justification, the least restrictive response feasible, shall be explained to the patient or resident, and must be documented in the individual patient's or resident's record by reciting the limitation's reason and scope.(4) Patients' and/or residents' pets and other animals utilized for pet therapy programs shall be allowed in the facility. The facility shall designate in its policies and procedures those areas where animals will be excluded. The areas designated shall be determined based upon an assessment of the facility performed by medically trained personnel.(5) Each patient or resident has a right to self-determination, which encompasses the right to make choices regarding life-sustaining treatment (including resuscitative services). This right of self-determination may be effectuated by an advance directive.Tenn. Comp. R. & Regs. 0720-23-.12
Original rule filed August 18, 1995; effective November 1, 1995. Repeal and new rule filed April 27, 2000; effective July 11, 2000. Amendment filed June 18, 2002; effective September 1, 2002. Amendments filed November 22, 2005; effective February 5, 2006. Transferred from chapter 1200-08-15 pursuant to Public Chapter 1119 of 2022 effective 7/1/2022.Authority: T.C.A. §§ 4-5-202, 4-5-204, 68-11-202, 68-11-204, 68-11-206, and 68-11-209.