Haw. Code R. § 11-93-26

Current through September, 2024
Section 11-93-26 - Patient's rights
(a) Written policies regarding the rights and responsibilities of patients during their stay in the facility shall be established and shall be made available to the patient, to any guardian, next of kin, sponsoring agency or representative payee, and to the public. The facility's policies and procedures shall provide that each individual admitted to the facility shall:
(1) Be informed, as evidenced by the patient's written, and signed acknowledgement, prior to or at the time of admission and during stay, of the rights and rules governing patient conduct.
(2) Be informed of services available in or through the facility and of related charges.
(3) Be advised that the patient has a right to have the patient's medical condition and treatment discussed with the patient by a physician of the patient's choice, unless medically contraindicated, and to be afforded the opportunity to participate in the planning of the patient's medical treatment, and to refuse to participate in experimental research.
(4) Have the right to refuse treatment after being informed of the medical consequences of that refusal.
(5) Be transferred or discharged only for the patient's welfare, or of other patients' welfare, or other causes as determined by the director, and be given reasonable advance notice to ensure orderly transfer or discharge.
(6) Be encouraged and assisted throughout the patient's period of stay to exercise the patient's rights as a patient, to voice grievances, and to recommend changes in policies and services to the facility's staff; and to do so free from restraint, interference, coercion, discrimination, or reprisal from the hospital staff.
(7) Be allowed to manage their personal financial affairs. In the event the facility agrees to manage the patient's personal funds, the delegation shall be in writing, and the conditions under which the facility shall exercise the responsibility shall be explained to the patient.
(8) Not be humiliated, harassed, injured, or threatened, and shall be free from chemical and physical restraints except as authorized by a physician or in an emergency when necessary to protect the patient from injury to the patient's self or to others.
(9) Be entitled to have the patient's personal and medical records kept confidential and subject to release only as provided in section 11-93-21.
(10) Be treated with consideration, respect, and full recognition of dignity and individuality, including privacy in treatment and in care.
(11) Not be required to perform services for the facility, its licensee or staff that are not included for therapeutic purposes in the patient's plan of care.
(12) Have the right to associate and communicate privately with persons of the patient's choice, and to send and receive the patient's personal mail unopened unless medically contraindicated. At the patient's request, be visited by members of the clergy at any time.
(13) Have the right to meet with and participate in activities of social, religious, and community groups at the patient's discretion unless medically contraindicated.
(14) Retain and use the patient's personal clothing and possessions as space permits, unless to do so would infringe upon rights of other patients, or unless medically contraindicated.
(15) Be assured privacy for visits. If a couple are patients in the facility, be permitted to share a room if available unless medically contraindicated.
(16) Have daily visiting hours established.
(17) Have the right to receive discharge planning by qualified hospital staff to ensure appropriate post-hospital placement.
(b) The patient or responsible agent shall be informed of the policies of the facility with which the patient must comply.

Haw. Code R. § 11-93-26

[Eff. 3/3/86; am and ren AUG 3, 1992] (Auth: HRS §§ 321-9, 321-11) (Imp: HRS §§ 321-9, 321-11)