Section R432-101-15 - Patients' Rights(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:(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.Utah Admin. Code R432-101-15
Amended by Utah State Bulletin Number 2023-22, effective 11/1/2023