Section 7.12.890. Rights of patients, clients, and residents.

	(a)  Except as otherwise provided in AS 47.30.825, a patient, client, or a nursing facility resident has rights that include the following:  
		(1) to associate and communicate privately with persons of the patient's, client's, or resident's choice;  
		(2) to have reasonable access to a telephone to make and receive confidential calls;  
		(3) to mail and receive unopened correspondence;  
		(4) to be informed of the facility's grievance procedure for handling complaints relating to patient, client, or resident care;  
		(5) to be free from physical or chemical restraints except as specified in AS 47.30.825 or 7 AAC 12.258;  
		(6) to be treated with consideration and recognition of the patient's, client's, or resident's dignity and individuality;  
		(7) to confidentiality of the patient's, client's, or resident's medical records and treatment;  
		(8) to be free from unnecessary or excessive medications;  
		(9) to private visits by the patient's, client's, or resident's spouse, and to share a room if both spouses are patients, clients, or residents in the facility, unless medical reasons or space problems require separation;  
		(10) to be informed in a language that the patient, client, or resident understands, before or at the time of admission and during the stay, of services that are available in the facility and their cost, including any costs for services or personal care items not covered by the facility's basic per diem rate or not covered under 42 U.S.C. 1395 - 1396v (Titles XVIII or XIX of the Social Security Act);  
		(11) to be informed, in a language that the patient, client, or resident understands, of the patient's, client's, or resident's medical condition by the practitioner responsible for treatment;  
		(12) to refuse to participate in experimental research, psychosurgery, lobotomy, electroconvulsive therapy, or aversive conditioning;  
		(13) to participate in the development of a plan of care, or discharge plan, and to receive instructions for self-care and treatment that include explanation of adverse symptoms and necessary precautions, as appropriate;  
		(14) to be informed, in a language that the patient, client, or resident understands, of the rights listed in this subsection and of all the rules and regulations governing patient, client, or resident conduct and responsibility;  
		(15) to be informed of the professional training and experience of the practitioner responsible for treatment;  
		(16) to be informed by a practitioner of different options to the treatment recommended by the practitioner responsible for treatment, including the risks and benefits of each option.  
	(b)  A written notice that sets out the rights listed in (a) of this section must be posted in a conspicuous location, and a copy must be given to a patient, a client, a resident, a family member, or the legal representative of the patient, client, or resident and, at cost, to a member of the public.  
	(c)  A written notice that sets out the facility procedures for receipt and safekeeping of patients', clients', or residents' money and valuables must be posted in a conspicuous location. A copy of the notice must be given to a patient, client, or resident, or to a family member or legal representative of the patient, client, or resident. If requested, a copy of the notice must be provided, at cost, to a member of the public. A receipt for safeguarded money and valuables must be provided by the facility to the patient, client, or resident at the time of admission and following changes in the facility's procedures.  
	(d)  A facility must establish written procedures to assure delivery of complaints by patients, clients, or residents to the facility's administration. The administration shall acknowledge receipt of a patient's, client's, or resident's complaint, and take appropriate action.  

Authorities

18.05.040;47.32.010;47.32.030

Notes

Reference

12 AAC 44.847
7 AAC 12.258
7 AAC 12.403
7 AAC 12.600
7 AAC 72.012
7 AAC 72.020

Authority

AS 18.05.040 AS 47.32.010 AS 47.32.030

History

Eff. 11/19/83, Register 88; am 5/28/92, Register 122; am 9/30/2007, Register 183