§ 20-10-1003 — Residents' rights

(a) A long-term care facility shall protect and promote the rights, benefits, or privileges guaranteed by law, the United States Constitution, and the Arkansas Constitution for all residents. (b) The Department of Human Services shall promulgate through rules a residents' bill of rights, which shall include provisions addressing each of the following as a minimum statement of residents' rights. The department may place restrictions or limitations on any right listed in this subsection when the restriction or limitation is necessary to protect the health, welfare, or safety of the resident or other residents: (1) The right to exercise all constitutional and legal rights; (2) The right to a safe and clean environment; (3) The right to dignity and respect; (4) The right to nursing and medical care; (5) The right to personal cleanliness; (6) The right to choose at the resident's own expense a personal physician and pharmacist; (7) The right to have knowledge of and input into medical treatment, records, and plan of care; (8) The right to refuse experimental treatment; (9) The right to confidentiality of medical records; (10) (A) The right to be free from physical or mental abuse, corporal punishment, involuntary seclusion, and any physical or chemical restraints imposed for purposes of discipline or convenience and not required to treat the resident's medical symptoms. (B) Restraints may be imposed only to ensure the physical safety of the resident or of other residents and only upon the written order of a physician that specifies the duration for which and circumstances under which the restraints are to be used, except for emergency conditions until such an order could reasonably be obtained; (11) The right to exercise civil liberties, including the right to vote; (12) The right to the free exercise of religion, including the right to rely on spiritual means for treatment; (13) The right to privacy, including the right to refuse being photographed by persons other than those licensed under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq.; (14) The right to personal clothing and belongings; (15) The right to personal financial information; and (16) The right to direct whether to receive nutrition or hydration. (c) The department shall prescribe a procedure to be followed by all long-term care facilities for prompt reporting of violations of residents' rights and resolution of grievances. (d) The long-term care facility shall furnish a copy of the residents' bill of rights to each resident or resident's representative at the time of admission and to each employee of the facility. A written acknowledgment of receipt shall be included by the facility in the resident's file and personnel file of each employee. (e) (1) Failure to comply with the provisions of this section or verified violations of residents' rights shall be considered a Class B violation under § 20-10-205 for which civil penalties set forth in § 20-10-206 may be imposed. (2) Any appeal shall be under the procedure set forth in § 20-10-208 . (f) A second or subsequent offense, for purposes of determining a penalty amount, means a violation of the same right previously violated although it need not have been committed by the same employee of the facility or against the same resident. (g) The department shall prescribe through rules a synopsis of the residents' bill of rights which shall be posted at all times in a conspicuous location accessible to residents and the public in the facility.

Legislative History

Amended by Act 2021, No. 1017,§ 7, eff. 7/28/2021. Amended by Act 2021, No. 1017,§ 6, eff. 7/28/2021. Amended by Act 2019, No. 315,§ 1893, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1892, eff. 7/24/2019. Acts 1988 (4th Ex. Sess.), No. 17, § 1; 1989, No. 33, § 1; 2003, No. 1322, § 1.