25 Tex. Admin. Code § 117.42 - Patient Rights
Each facility shall adopt, implement, and enforce policies and procedures appropriate to the patient population served which ensure each patient is:
(1) treated with respect,
dignity, and full recognition of the patient's individuality and personal
needs;
(2) provided privacy and
confidentiality, for the patient and the clinical record;
(3) provided a safe, sanitary, and
comfortable treatment environment;
(4) provided information in a manner to
facilitate understanding by the patient and the patient's legal representative,
family member, or significant other. Written patient information materials
shall be available, with materials in languages other than English. In lieu of
written materials in the patient's primary language, an interpreter,
interpreter service, visual and hearing impaired assistance shall be provided.
Staff shall document in the patient's clinical record how consent forms for
treatment requiring a signature were explained, and the patient's consent
obtained, and how patient rights and responsibilities were explained to the
patient;
(5) informed by a
physician of the patient's medical status;
(6) informed of and receive education
regarding all treatment modalities and settings, including self-care and
transplant for the treatment of end stage renal disease on an annual
basis;
(7) informed about and
participates in, if desired, all aspects of care, including the right to refuse
treatment, and informed of the medical consequences of such refusal;
(8) aware of all services available in the
facility and the charges for services provided;
(9) informed about the facility's reuse of
dialysis supplies, including hemodialyzers. If printed materials such as
brochures are used to describe a facility and its services, the brochures shall
contain a statement with respect to reuse;
(10) assured of a reasonable response by the
facility to the patient's requests and needs for treatment or service, within
the facility's capacity, the facility's stated mission, and applicable law and
regulation;
(11) provided hours of
dialysis that are scheduled for patient convenience whenever feasible or
possible. Consideration shall be given to a patient's work or school
schedule;
(12) transferred or
discharged only for medical reasons, for the patient's welfare or that of other
patients or staff members, or for nonpayment of fees. A patient shall be given
30 calendar days advance notice to ensure orderly transfer or discharge, except
in cases where the patient presents an immediate risk to others;
(13) given an opportunity and assistance to
improve problematic behavior prior to dismissal from the facility. A facility
shall establish, implement, and enforce a policy whereby a disruptive patient
or family member or noncompliant patient is given an opportunity and assistance
to improve the problematic behavior prior to dismissal from the facility. The
policy shall include the requirements at §
117.45(a)(8) of
this title (relating to Provision and Coordination of Treatment and
Services);
(14) provided protection
from abuse, neglect, or exploitation as those terms are defined in §
1.204 of this title (relating to
Investigations of Abuse, Neglect, or Exploitation of Children or Elderly or
Disabled Persons);
(15) provided
information regarding advance directives and allowed to formulate such
directives to the extent permitted by law. This includes documents executed
under the Health and Safety Code, Chapter 166, Advance Directives
Act;
(16) aware of the mechanisms
and agencies to express a complaint against the facility without fear of
reprisal or denial of services. A facility shall provide to each individual who
is admitted to the facility a written statement that informs the individual
that a complaint against the facility may be directed to the department. The
statement shall be provided at the time of admission and shall advise the
patient that registration of complaints may be filed with the Department of
State Health Services, Health Facility Compliance Group, Mail Code 2835, P.O.
Box 149347, Austin, TX 78714-9347, (888) 973-0022. Correctional institutions
shall not be required to include the 888 number in information provided to
patients in these facilities;
(17)
fully informed of the rights listed in this section, the responsibilities
established by the facility, and all rules and regulations governing patient
conduct and responsibilities. A written copy of the patient's rights and
responsibilities shall be provided to each patient or the patient's legal
representative upon admission, and a copy shall be posted with the facility
license certificate; and
(18) fully
informed of the patient plan of care process, including but not limited to the
necessary services outlined in the patient plan of care.
Notes
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No prior version found.