Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 133 - HOSPITAL LICENSING › Subchapter C - OPERATIONAL REQUIREMENTS › Section 133.42 - Patient Rights

Current through Reg. 49, No. 28; July 12, 2024
(a) Patient rights
				  requirements for all hospitals.
(1) A
				  hospital shall adopt, implement, and enforce a policy to ensure patients'
				  rights. The written policy shall include:
(A)
				  the right of the patient to the hospital's reasonable response to his or her
				  requests and needs for treatment or service, within the hospital's capacity,
				  its stated mission, and applicable law and regulation;
(B) the right of the patient to considerate
				  and respectful care:
(i) the care of the
				  patient includes consideration of the psychosocial, spiritual, and cultural
				  variables that influence the perceptions of illness;
(ii) the care of the dying patient optimizes
				  the comfort and dignity of the patient through:
(I) treating primary and secondary symptoms
				  that respond to treatment as desired by the patient or surrogate decision
				  maker;
(II) effectively managing
				  pain; and
(III) acknowledging the
				  psychosocial and spiritual concerns of the patient and the family regarding
				  dying and the expression of grief by the patient and family;
(C) the right of the
				  patient, in collaboration with his or her physician, to make decisions
				  involving his or her health care, to include the following:
(i) the right of the patient to accept
				  medical care or to refuse treatment to the extent permitted by law and to be
				  informed of the medical consequences of such refusal; and
(ii) the right of the patient to formulate
				  advance directives and to appoint a surrogate to make health care decisions on
				  his or her behalf to the extent permitted by law. Advance directives are
				  written instructions recognized under state law relating to the provision of
				  health care when individuals are unable to communicate their wishes regarding
				  medical treatment. The advance directive may be a written document authorizing
				  an agent or surrogate to make decisions on an individual's behalf (a medical
				  power of attorney for health care), a written or verbal statement (a living
				  will), or some other form of instruction recognized under state law
				  specifically addressing the provisions of health care;
(I) a hospital shall have in place a
				  mechanism to ascertain the existence of, and, as appropriate, assist in the
				  development of advance directives at the time of the patient's
				  admission;
(II) the provision of
				  care shall not be conditioned on the existence of an advance directive;
				  and
(III) an advance directive(s)
				  shall be in the patient's medical record and shall be reviewed periodically
				  with the patient or surrogate decision maker if the patient has executed an
				  advance directive;
(D) the right of the patient to the
				  information necessary to enable him or her to make treatment decisions that
				  reflect his or her wishes; a policy on informed decision making shall be
				  adopted, implemented and enforced by the medical staff and governing body and
				  shall be consistent with any legal requirements;
(E) the right of the patient to receive, at
				  the time of admission, information about the hospital's patient rights
				  policy(ies) and the mechanism for the initiation, review, and when possible,
				  resolution of patient complaints concerning the quality of care;
(F) the right of the patient or the patient's
				  designated representative to participate in the consideration of ethical issues
				  that arise in the care of the patient. The hospital shall have a mechanism for
				  the consideration of ethical issues arising in the care of patients and to
				  provide education to care givers and patients on ethical issues in health
				  care;
(G) the right of the patient
				  to be informed of any human experimentation or other research or educational
				  projects affecting his or her care or treatment;
(H) the right of the patient, within the
				  limits of law, to personal privacy and confidentiality of
				  information;
(I) the right of the
				  patient or the patient's legally designated representative access to the
				  information contained in the patient's medical record, within the limits of the
				  law; and
(J) the right of the
				  patient's guardian, next of kin, or legally authorized responsible person to
				  exercise, to the extent permitted by law, the rights delineated on behalf of
				  the patient if the patient:
(i) has been
				  adjudicated incompetent in accordance with the law;
(ii) is found by his or her physician to be
				  medically incapable of understanding the proposed treatment or
				  procedure;
(iii) is unable to
				  communicate his or her wishes regarding treatment; or
(iv) is a minor.