Section 630.115

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS

Chapter 630

Effective - 28 Aug 1996   

  630.115.  Patient's entitlements — administrative review of violations. — 1.  Each patient, resident or client shall be entitled to the following without limitation:

  (1)  To humane care and treatment;

  (2)  To the extent that the facilities, equipment and personnel are available, to medical care and treatment in accordance with the highest standards accepted in medical practice;

  (3)  To safe and sanitary housing;

  (4)  To not participate in nontherapeutic labor;

  (5)  To attend or not attend religious services;

  (6)  To receive prompt evaluation and care, treatment, habilitation or rehabilitation about which he is informed insofar as he is capable of understanding;

  (7)  To be treated with dignity as a human being;

  (8)  To not be the subject of experimental research without his prior written and informed consent or that of his parent, if a minor, or his guardian; except that no involuntary patient shall be subject to experimental research, except as provided within this chapter;

  (9)  To decide not to participate or may withdraw from any research at any time for any reason^*;

  (10)  To have access to consultation with a private physician at his own expense;

  (11)  To be evaluated, treated or habilitated in the least restrictive environment;

  (12)  To not be subjected to any hazardous treatment or surgical procedure unless he, his parent, if he is a minor, or his guardian consents; or unless such treatment or surgical procedure is ordered by a court of competent jurisdiction;

  (13)  In the case of hazardous treatment or irreversible surgical procedures, to have, upon request, an impartial review prior to implementation, except in case of emergency procedures required for the preservation of his life;

  (14)  To a nourishing, well-balanced and varied diet;

  (15)  To be free from verbal and physical abuse.

  2.  Notwithstanding any other sections of this chapter, each patient, resident or client shall have the right to an impartial administrative review of alleged violations of the rights assured under this chapter.  The impartial administration review process shall be a mechanism for:

  (1)  Reporting alleged violations of rights assured under this chapter;

  (2)  Investigating alleged violations of these rights;

  (3)  Presenting patient, resident or client grievances on the record to a neutral decision maker; and

  (4)  Requiring that the neutral decision maker issue findings of fact, conclusions and recommendations.

  3.  The impartial administrative review process shall be completed within a timely manner after the alleged violation is reported.

  4.  This impartial review process shall not apply to investigations of alleged patient, resident or client abuse or neglect conducted pursuant to section 630.167.

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(L. 1980 H.B. 1724, A.L. 1996 S.B. 884 & 841)

*Word "season" appears in original rolls.