S.D. Admin. R. 44:73:11:08

Current through Register Vol. 51, page 67, December 16, 2024

Section 44:73:11:08 - Privacy and confidentiality

A facility shall provide for privacy and confidentiality for the resident. A facility shall permit residents to:

(1) Visit a spouse or significant other, if both are residents of the same facility, share a room with the spouse or significant other, within the capacity of the facility, upon the consent of both parties;

(2) Have room doors closed and to require knocking before entering the resident's room, except in an emergency;

(3) Have only authorized personnel present during treatment or activities of personal hygiene;

(4) Retire and rise according to the resident's wishes, as long as the resident does not disturb other residents;

(5) Meet, associate, and communicate with any person of the resident's choice in a private place within the facility;

(6) Participate in social, religious, and community activities that do not interfere with the rights of other residents in the facility;

(7) Approve or refuse the release of personal and medical records to any individual outside the facility, except when the resident is transferred to another health care facility or when the release of the record is required by law;

(8) Send and receive unopened mail and to have access to stationary, postage, and writing implements at the resident's own expense; and

(9) Access and use a telephone without being overheard.

With the permission of the resident or the resident's legal representative, a facility must allow the state ombudsman or a representative of the ombudsman access to the resident's medical records.

S.D. Admin. R. 44:73:11:08

42 SDR 51, effective 10/13/2015; 51 SDR 053, effective 11/11/2024

General Authority: SDCL 34-12-13.

Law Implemented: SDCL 34-12-13.

Written policies and confidentiality of records, § 44:73:09:03.