South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:70 - Assisted living centers › Chapter 44:70:09 - Residents' rights and supportive services › Section 44:70:09:02 - Facility to inform resident of rights

Current through Register Vol. 51, page 10, July 15, 2024
Prior to or at the time of admission, a facility shall
				  inform the resident, both orally and in writing, of the resident's rights and
				  of the rules governing the resident's conduct and responsibilities while living
				  in the facility. The resident shall acknowledge in writing that the resident
				  received the information. During the resident's stay the facility shall notify
				  the resident, both orally and in writing, of any changes to the original
				  information. The information shall contain the following:
(1) The resident's right to exercise the
				resident's rights as a resident of the facility and as a citizen of the United
				States;
(2) The resident's right to
				be free of interference, coercion, discrimination, and reprisal from the
				facility in exercising the resident's rights;
(3) The resident's right to have a person
				appointed to act on the resident's behalf. If a resident has been adjudged
				incompetent or incapacitated, the resident's rights shall be exercised by the
				person appointed under state law to act on the resident's behalf. If a resident
				has not been adjudged to be incompetent or incapacitated, the resident's rights
				may be exercised by the legal surrogate recognized under state law, whether
				statutory or as recognized by the courts of the state to act on the resident's
				behalf. The facility shall record and keep up to date the address and phone
				number of the resident's preferred contact;
(4) The resident's right to access records
				pertaining to the resident. The resident may purchase photocopies of the
				resident's records or any portions of them. The cost to the resident may not
				exceed community standards for photocopying. The facility shall provide the
				photocopies within two working days of the request;
(5) The resident's right to be fully informed
				of the resident's total health status, including functional status, medical
				care, nursing care, nutritional status, rehabilitation and restorative
				potential, activities potential, cognitive status, oral health, psychosocial
				status, and sensory and physical impairments;
(6) The resident's right to refuse treatment
				and to refuse to participate in experimental research. A resident's right to
				refuse treatment does not absolve a facility from responsibility to provide for
				necessary medical services and treatment. Any resident who refuses treatment
				shall be informed of the results of that refusal, plus any alternatives that
				may be available;
(7) The
				resident's right to formulate a durable power of attorney for health care as
				provided in SDCL chapter 59-7 and a living will declaration as provided in SDCL
				chapter 34-12 D; and
(8) The
				resident's right to receive visitors in accordance with SDCL
				34-12-67. Visiting hours and
				policies of the facility shall permit and encourage the visiting of residents
				by friends and relatives. Visitors may not cause a disruption to the care and
				services residents receive or infringe on other residents' rights or place an
				undue burden on the facility.
General Authority:
SDCL
					 34-12-13(15).
Law Implemented:
SDCL
					 34-12-13(15),
					 34-12-67.