§ 31-8-108 — Required care, treatment, and services; rights in regard thereto; experimental research or treatment

(a) Each resident shall receive care, treatment, and services which are adequate and appropriate. Care, treatment, and services shall be provided as follows: (1) With reasonable care and skill; (2) In compliance with applicable laws and regulations; (3) Without discrimination in the quality of a service based on the source of payment for the service; (4) With respect for the resident's personal dignity and privacy; and (5) With the goal of the resident's return home or to another environment less restrictive than the facility. (b) In the provision of care, treatment, and services to the resident by the facility, each resident or guardian shall be entitled to the following: (1) To choose the resident's physician. The physician so chosen shall inform the resident in advance whether or not the physician's fees can be paid from public or private benefits to which the resident is entitled and shall provide such documentation as may be required by law or regulation; (2) To participate in the overall planning of the resident's care and treatment. The resident or guardian shall be informed of this right each time a substantial change in the treatment plan is made; (3) To refuse medical treatment, dietary restrictions, and medications for the resident. The resident or guardian shall be informed of the probable consequences of such refusal, the refusal shall be noted in the resident's medical records, and the resident's attending physician shall be notified as soon as practical. If such refusal apparently would be seriously harmful to the health or safety of the resident, the facility shall either refer the resident to a hospital or notify a responsible family member or, if such a family member is not readily available, the county department of family and children services. If such refusal would be harmful to the health or safety of others, as documented in the resident's medical records by the resident's physician, this subsection shall not apply. Any facility or employee of such facility which complies with this paragraph shall not be liable for any damages resulting from such refusal; (4) To receive from the facility upon the request of the resident, guardian, or representative the name, address, and telephone number of the resident's physician; (5) To have any significant change in the resident's health status reported to persons of his choice by the facility within a reasonable time; and (6) To obtain from the resident's physician or the physician attached to the facility a complete and current explanation concerning the resident's medical diagnosis, treatment, and prognosis in language the resident can understand. Each resident shall have access to all information in the medical records of the resident and shall be permitted to inspect and receive a copy of such records unless medically contraindicated. The facility may charge a reasonable fee for duplication, which fee shall not exceed actual cost. (c) Each resident shall be free from experimental research or treatment unless the informed, written consent of the resident or guardian is first obtained.