Current through Rules and Regulations filed through September 23, 2024
Convenience to the facility shall not justify the suspension of any rights to individual residents.
(a) Only the following rights may be temporarily suspended:
1. The right to rise and retire as the resident chooses, pursuant to .04(d) of these rules and regulations;
2. The right to use tobacco and consume alcoholic beverages, pursuant to .04(e) of these rules and regulations;
3. The right of access to his own medical records and explanation of condition, treatment and diagnosis, pursuant to .07(b)3 of these rules and regulations; and
4. The right to enter and leave as desired, pursuant to .04(f) of these rules and regulations.
(b) The above rights may be temporarily suspended only after the following:
1. The physician must personally examine the resident and document in the resident's file that the exercise of such right or rights endangers the health or safety of other residents or imposes an immediate and substantial danger to the resident;
2. Prior to or at the time of such suspension, the resident and guardian or representative if there be no guardian, shall be notified of such suspension, its duration and of the resident's right to meet with legal counsel, ombudsman, family members, his guardian, or any other person of the resident's choice;
3. If the threatened danger is only to the resident and not to the health or safety to other residents, and the resident has had the reasons for the proposed suspension fully explained to him along with the danger if that right is exercised, the resident's rights shall not be suspended pursuant to this regulation if the resident or guardian understands the danger and insists on the exercise of the right. This fact must be documented in the resident's file.
(c) A temporary suspension of rights may be authorized for a maximum of 65 days for residents of intermediate care homes and for 35 days for residents of nursing homes. In no event shall the suspension of such right or rights be authorized for a period longer than actual need. Any additional period shall be considered a new suspension, for which all provisions and requirements of this section shall be met.
O.C.G.A. §§
31-2-4et seq., 31-8-117 and 31-8-127.
