§ 23-17-19.1. Rights of patients.
Every healthcare facility licensed under this chapter shall observe the following
standards and any other standards that may be prescribed in rules and regulations
promulgated by the licensing agency with respect to each patient who utilizes the
facility:
(1) The patient shall be afforded considerate and respectful care.
(2) Upon request, the patient shall be furnished with the name of the physician responsible
for coordinating the patient's care.
(3) Upon request, the patient shall be furnished with the name of the physician or other
person responsible for conducting any specific test or other medical procedure performed
by the healthcare facility in connection with the patient's treatment.
(4) The patient shall have the right to refuse any treatment by the healthcare facility
to the extent permitted by law.
(5) The patient's right to privacy shall be respected to the extent consistent with providing
adequate medical care to the patient and with the efficient administration of the
healthcare facility. Nothing in this section shall be construed to preclude discreet
discussion of a patient's case or examination by appropriate medical personnel.
(6) The patient's right to privacy and confidentiality shall extend to all records pertaining
to the patient's treatment except as otherwise provided by law.
(7) The healthcare facility shall respond in a reasonable manner to the request of a patient's
physician, certified nurse practitioner, and/or a physician's assistant for medical
services to the patient. The healthcare facility shall also respond in a reasonable
manner to the patient's request for other services customarily rendered by the healthcare
facility to the extent the services do not require the approval of the patient's physician,
certified nurse practitioner, and/or a physician's assistant or are not inconsistent
with the patient's treatment.
(8) Before transferring a patient to another facility, the healthcare facility must first
inform the patient of the need for, and alternatives to, a transfer.
(9) Upon request, the patient shall be furnished with the identities of all other healthcare
and educational institutions that the healthcare facility has authorized to participate
in the patient's treatment and the nature of the relationship between the institutions
and the healthcare facility.
(10)(i) Except as otherwise provided in this subparagraph, if the healthcare facility proposes
to use the patient in any human-subjects research, it shall first thoroughly inform
the patient of the proposal and offer the patient the right to refuse to participate
in the project.
(ii) No facility shall be required to inform prospectively the patient of the proposal
and the patient's right to refuse to participate when an institutional review board
approves the human-subjects research pursuant to the patient consent and/or de-identification
requirements of 21 C.F.R. Pt. 50 and/or 45 C.F.R. Pt. 46 (relating to the informed consent of human subjects).
(11) Upon request, the patient shall be allowed to examine and shall be given an explanation
of the bill rendered by the healthcare facility irrespective of the source of payment
of the bill.
(12) Upon request, the patient shall be permitted to examine any pertinent healthcare facility
rules and regulations that specifically govern the patient's treatment.
(13) The patient shall not be denied appropriate care on the basis of age, sex, gender
identity or expression, sexual orientation, race, color, marital status, familial
status, disability, religion, national origin, source of income, source of payment,
or profession.
(14) Patients shall be provided with a summarized medical bill within thirty (30) days
of discharge from a healthcare facility. Upon request, the patient shall be furnished
with an itemized copy of the patient's bill. When patients are residents of state-operated
institutions and facilities, the provisions of this subsection shall not apply.
(15) Upon request, the patient shall be allowed the use of a personal television set provided
that the television complies with underwriters' laboratory standards and O.S.H.A.
standards, and so long as the television set is classified as a portable television.
(16) No charge of any kind, including, but not limited to, copying, postage, retrieval,
or processing fees, shall be made for furnishing a health record or part of a health
record to a patient, the patient's attorney, or authorized representative if the record,
or part of the record, is necessary for the purpose of supporting an appeal under
any provision of the Social Security Act, 42 U.S.C. § 301 et seq., and the request is accompanied by documentation of the appeal or a claim
under the provisions of the Workers' Compensation Act, chapters 29 — 38 of title 28,
or for any patient who is a veteran and the medical record is necessary for any application
for benefits of any kind. A provider shall furnish a health record requested pursuant
to this section by mail, electronically, or otherwise, within thirty (30) days of
the receipt of the request. For the purposes of this section, "provider� shall include
any out-of-state entity that handles medical records for in-state providers. Further,
for patients of school-based health centers, the director is authorized to specify
by regulation an alternative list of age appropriate rights commensurate with this
section.
(17) The patient shall have the right to have their pain assessed on a regular basis.
(18) Notwithstanding any other provisions of this section, upon request, patients receiving
care through hospitals, nursing homes, assisted-living residences and home healthcare
providers, shall have the right to receive information concerning hospice care, including
the benefits of hospice care, the cost, and how to enroll in hospice care.
(19) The patient shall not be asked about their immigration status or asked to present
proof of their legal presence in the United States.