Utah Administrative Code
Topic - Health
Title R432 - Health Care Facility Licensing
Rule R432-101 - Specialty Hospital - Psychiatric
Section R432-101-15 - Patients' Rights
Universal Citation: UT Admin Code R 432-101-15
Current through Bulletin 2024-06, March 15, 2024
(1) The licensee shall provide each patient care and treatment in accordance with the standards and ethics accepted under Title 58, Occupations and Professions, for licensed, registered or certified health care practitioners.
(2) The administrator shall appoint a committee that consists of:
(a) members of the
facility staff;
(b) patients or
family members, as appropriate;
(c)
other qualified persons with knowledge of the treatment of mental illness;
and
(d) at least one person who has
no ownership or vested interest in the facility.
(3) The committee outlined in Subsection Rule R432-101-15(2) shall:
(a) review, monitor and make
recommendations concerning individual treatment programs established to manage
inappropriate behavior, and other programs that the committee considers to
involve risks to patient safety or restrictions of a patient's
rights;
(b) review, monitor and
make recommendations concerning facility practices and policies as they relate
to:
(i) drug usage,;
(ii) restraints, seclusion and time out
procedures;
(iii) applications of
painful or noxious stimuli;
(iii)
control of inappropriate behavior;
(iv) protection of patient rights; and
(v) any other area that the committee
identifies as risks to patient protection and rights;
(c) maintain minutes of each meeting and
communicate the findings to the administrator for appropriate action;
(d) designate a person to act as a patient
advocate, to be available to respond to questions and requests for assistance
from the patients and to bring to the attention of the committee any issues or
items of interest that concern the rights of the patients or their care and
status;
(e) recommend written
policies with regard to patient rights that are consistent with state law;
and
(f) once adopted, the licensee
shall post the policies outlined in Subsection
R432-101-15(3)(e)
in areas accessible to patients, and made available upon request to the
patient, family, next of kin, or the public.
(4)
(a) The
licensee shall ensure the individual treatment plan and clinical orders address
the patient rights in this section to ensure patients are permitted
communication with family, friends and others.
(b) The patient rights or ethics committee
shall review any restrictions to a patient's rights.
(c) The licensee may establish limitations to
the rights identified in Subsections
R432-101-15(5)(a) through
(d) to protect the patient, other patients,
or staff or where prohibited by law.
(5) The licensee shall ensure that each patient has the right to:
(a) send and receive
unopened mail;
(b) reasonable
access to a telephone to make and receive unmonitored telephone
calls;
(c) receive authorized
visitors and to speak with them in private;
(d) attend and participate in social,
community and religious groups;
(e)
voice grievances and recommend changes in policies and services to hospital
staff and outside representatives of personal choice, free from restraint,
interference, coercion, discrimination, or reprisal;
(f) communicate via sealed mail with the
department, the Disability Law Center, legal counsel and the courts;
(g) communicate with and visit with legal
counsel and clergy of choice; and
(h) participate in the planning of their care
and treatment.
(6) The licensee shall document the patient's participation in the treatment planning process in the medical record.
(7) The licensee shall ensure that each patient:
(a) receives an explanation of treatment
goals, methods, therapies, alternatives and associated costs;
(b) is able to refuse care and treatment, as
permitted by law, including experimental research and any treatment that may
result in irreversible conditions;
(c) is informed of their medical condition,
upon request, unless medically contraindicated, if contraindicated, the
licensee shall document the circumstances in the patient record;
(d) is free from mental and physical abuse
and free from chemical and physical restraints except as part of the authorized
treatment program, or when necessary to protect the patient from injury to
themself or to others;
(e) is given
the opportunity to exercise any civil rights, including voting, unless the
patient has been adjudicated as incompetent and not restored to legal
capacity;
(f) is not required to
perform services for the hospital that are not included for therapeutic
purposes in the plans of care;
(g)
is not required to participate in publicity events, fund raising activities,
movies or anything that would exploit the patients;
(h) is permitted to exercise religious
beliefs and participate in religious worship services without being coerced or
forced into engaging in any religious activity;
(i) is permitted to retain and use personal
clothing and possessions as space permits, unless doing so would infringe upon
rights of other patients or interfere with treatment; and
(j) is permitted to manage personal financial
affairs, or to be given at least a monthly accounting of financial transactions
made on their behalf if the licensee accepts a patient's written delegation of
this responsibility.
Disclaimer: These regulations may not be the most recent version. Utah may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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