S.D. Admin. R. 44:79:09:06

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

Section 44:79:09:06 - Privacy and confidentiality

A facility shall provide for privacy and confidentiality for the patient, including the patient's accommodations, medical treatment, written and telephone communications, personal care, visits, and meetings of family and patient groups. A facility shall permit patients to perform the following:

(1) To send and receive unopened mail and to have access to stationery, postage, and writing implements at the patient's own expense;

(2) Use a telephone without being overheard;

(3) To visit a spouse or, if both are patients of the same facility, to share a room with the spouse, within the capacity of the facility, upon the consent of both spouses;

(4) Except in an emergency, to have room doors closed and to require knocking before entering the patient's room;

(5) To have only authorized staff present during treatment or activities of personal hygiene;

(6) To retire and rise according to the patient's wishes, as long as the patient does not disturb other patients;

(7) To meet, associate, and communicate with any person of the patient's choice in a private place within the facility; and

(8) To approve or refuse the release of personal and medical records to any individual outside the facility, except if the patient is transferred to another health care facility or if the release of the record is required by law. With the patient's permission, a facility shall allow the state ombudsman or a representative of the ombudsman access to the patient's medical records.

S.D. Admin. R. 44:79:09:06

42 SDR 51, effective 10/13/2015

General Authority: SDCL 34-12-13(14).

Law Implemented: SDCL 34-12-13(14).

Written policies and confidentiality of records, § 44:79:08:03.