Section 0720-35-.12 - CONSUMER RIGHTS(1) Each consumer has at least the following rights: (a) To privacy in treatment and personal care;(b) To have appropriate assessment and management of pain;(c) To be involved in the decision making and all aspects of their care;(d) To be free from mental and physical abuse. Should this right be violated, the agency must notify the Department within five (5) business days and the Tennessee Department of Human Services, Adult Protective Services as required by T.C.A. §§ 716-101 et seq.;(e) To refuse treatment. The consumer must be informed of the consequences of that decision, and the refusal and its reason must be reported to the physician and documented in the medical record;(f) To refuse experimental treatment and drugs. The consumer's or health care decision maker's written consent for participation in research must be obtained and retained in the medical record; and(g) To have their records kept confidential and private. Written consent by the consumer must be obtained prior to release of information except to persons authorized by law. If the consumer lacks capacity, written consent is required from the consumer's health care decision maker. The agency must have policies to govern access and duplication of the consumer's record.(2) Each consumer has a right to self-determination, which encompasses the right to make choices regarding life-sustaining treatment, including resuscitative services. This right of selfdetermination may be effectuated by an advance directive.Tenn. Comp. R. & Regs. 0720-35-.12
Original rule filed January 24, 2003; effective April 9, 2003. Amendment filed December 2, 2005; effective February 15, 2006. Transferred from chapter 1200-08-34 pursuant to Public Chapter 1119 of 2022 effective 7/1/2022.Authority: T.C.A. §§ 4-5-202, 4-5-204, 68-11-202, and 68-11-209.