Current through Register Vol. XLI, No. 50, December 13, 2024
Section 69-8-9 - Patient Rights9.1. Each pain management clinic shall have policies and procedures that guarantee the following rights to patients:9.1.1. The right to be informed, both verbally and in writing, of clinic fees, rules, and regulations and patient's rights and responsibilities in advance of the clinic providing care. The rights and responsibilities shall be posted prominently and reviewed with the patient at the initial visit and at any time changes in the rights and responsibilities occur. The rights shall be explained to the patient in a manner in which the patient can understand, including the use of interpreters and personnel experienced in communication with vision and hearing-impaired individuals;9.1.2. The right to receive treatment provided in a fair and impartial manner regardless of race, sex, age, sexual orientation, or religion;9.1.3. The right to participate in the development and implementation of his or her plan of care and to make decisions regarding that care. The written plan of care shall be reviewed with the patient at least every 90 days by the patient's physician and shall be maintained in the patient's chart;9.1.4. The right to be informed that prior to dispensing or prescribing a controlled substance, the treating physician must access the Controlled Substances Monitoring Program database maintained by the West Virginia Board of Pharmacy to ensure that the patient is not seeking controlled substances from multiple sources. The treating physician shall also review the database at each patient examination, or at least every 90 days during the course of ongoing treatment;9.1.5. The right to be informed that the patient may be required to submit to drug testing and that the collection of specimens may be observed, if deemed necessary;9.1.6. The right to treatment at a pain management clinic that provides an adequate number of competent, qualified, and experienced professional staff to implement and supervise the written plan of care;9.1.7. 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 clinical evaluations, billing, and statutory requirements for reporting abuse; and9.1.8. The right to care in a safe setting.9.2. The clinic shall establish a patient grievance process which shall be displayed in the patient care area. A grievance may be verbal or written. The grievance process shall include: 9.2.1. Who to contact to file a grievance;9.2.2. Time frames for review of the grievance;9.2.3. Provision of a response to the grievant that contains the name of the clinic contact person, the steps taken on behalf of the patient to investigate the grievance, the results of the grievance process, and the date of completion of the investigation;9.2.4. The right of a patient to initiate grievance procedures without fear of reprisal; and9.2.5. The address and telephone number of the Office of Health Facility Licensure and Certification.9.3. The clinic shall have policies and procedures which address safety and security issues for patients and staff, including training staff to handle physical or verbal threats, acts of violence, and inappropriate behavior or other escalating and potentially dangerous situations, with emphasis on when security guards or police need to be summoned. In regard to security personnel, the use of guns, handcuffs, and mace is prohibited.