S.D. Admin. R. 44:80:09:07

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

Section 44:80:09:07 - Privacy and confidentiality

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

(1) To send and receive unopened mail;

(2) To access and use a telephone without being overheard;

(3) To visit a spouse or, if both are residents 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 resident's room;

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

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

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

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

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

S.D. Admin. R. 44:80:09:07

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, § 44:80:08:03.