Current through Register Vol. XLI, No. 50, December 13, 2024
Section 69-7-24 - Patient Rights24.1. Each opioid treatment program shall have policies and procedures which guarantee the following rights to patients: 24.1.a. The patient has the right to be informed, both verbally and in writing, of clinic rules and regulations and patient's rights and responsibilities. The rights and responsibilities shall be posted prominently and reviewed with the patient at admission, at the end of a stabilization period, at the time of an annual treatment review and at any time that changes in the rights and responsibilities occur;24.1.b. The patient shall receive treatment provided in a fair and impartial manner regardless of race, sex, age, sexual orientation and/or religion;24.1.c. The patient shall receive an individualized treatment plan of care developed according to guidelines established by a nationally recognized authority and approved by the secretary. The individualized treatment plan of care shall include a recovery model, shall be reviewed periodically by the interdisciplinary team, and shall be maintained in the patient's chart;24.1.d. The patient shall receive medications required by the individualized treatment plan of care on a schedule developed in accordance with applicable federal requirements and approved guidelines and protocols and that is the most accommodating and least intrusive and disruptive method of treatment for most patients;24.1.e. The patient shall be informed that random drug testing of all patients shall be conducted during the course of treatment at least monthly or as deemed necessary by the opioid treatment program, and that any refusal to participate in a random drug test shall be considered a positive test. The patient shall be informed of the consequences of having a positive drug test result;24.1.f. The patient shall be entitled to participate in an opioid treatment program that provides an adequate number of competent, qualified and experienced professional staff to implement and supervise the individualized treatment plan of care;24.1.g. The patient shall be informed about potential interactions with and adverse reactions to other substances, including alcohol, other prescribed medications, over-the-counter pharmacological agents, other medical procedures, and food;24.1.h. The patient shall be informed about the financial aspects of treatment, including the consequences of nonpayment of required fees;24.1.i. The patient shall be given a copy of the initial assessment, written acceptance into the program, or, in the case of denial of admission, a full explanation as to the basis of the denial, and a referral to another program based upon the results of the initial assessment;24.1.j. The patient, as well as the staff and the public, are entitled to protection from other patients who act out. The program shall attempt to determine the cause of that behavior so that an appropriate referral to an alternative method of care can be made;24.1.k. The patient has the right to confidentiality in accordance with federal regulations, 42 CFR Part 2, and the Health Insurance Portability and Accountability Act of 1996, as amended;24.1.l. The patient has the right to be informed of the extent of confidentiality, including the conditions under which information can be released without consent, the use of identifying information for the purposes of program evaluation, billing and statutory requirements for reporting abuse;24.1.m. The patient has the right to give informed consent prior to being involved in research projects and the right to retain a copy of the informed consent form; and24.1.n. The patient has the right to full disclosure of information about treatment and medication, including accommodation for those who do not speak English, or who are otherwise unable to read an informed consent form.24.2. The program shall have patient grievance procedures which shall be displayed in the patient care area. The procedures should be published, posted in a conspicuous place and easily available to patients. They should include program rules, consequences of noncompliance and procedures for filing a complaint or grievance. The procedures shall inform the patients of the following: 24.2.a. The right of a patient to express verbally or in writing his or her dissatisfaction with or complaints about treatment received;24.2.b. The right of a patient to initiate grievance procedures without fear of reprisal;24.2.c. The right of a patient to be informed of the grievance procedure in a manner that can be understood by the patient.; and24.2.d. The right of a patient to receive a decision in writing with the reasoning articulated.24.3. Administrative withdrawal shall be used only as a sanction of last resort. It is the responsibility of the program to make every attempt before a patient is discharged to accommodate the patient's desire to be referred to an alternative treatment program as appropriate.