State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_131E > GS_131E-117

§ 131E‑117. Declaration of patient's rights.

All facilities shall treat their patients in accordance with theprovisions of this Part. Every patient shall have the following rights:

(1)        To be treated with consideration, respect, and fullrecognition of personal dignity and individuality;

(2)        To receive care, treatment and services which are adequate,appropriate, and in compliance with relevant federal and State statutes andrules;

(3)        To receive at the time of admission and during the stay, awritten statement of the services provided by the facility, including thoserequired to be offered on an as‑needed basis, and of related charges.Charges for services not covered under Medicare or Medicaid shall be specified.Upon receiving this statement, the patient shall sign a written receipt whichmust be on file in the facility and available for inspection;

(4)        To have on file in the patient's record a written or verbalorder of the attending physician containing any information as the attendingphysician deems appropriate or necessary, together with the proposed scheduleof medical treatment. The patient shall give prior informed consent toparticipation in experimental research. Written evidence of compliance withthis subdivision, including signed acknowledgements by the patient, shall beretained by the facility in the patient's file;

(5)        To receive respect and privacy in the patient's medical careprogram. Case discussion, consultation, examination, and treatment shall remainconfidential and shall be conducted discreetly. Personal and medical recordsshall be confidential and the written consent of the patient shall be obtainedfor their release to any individual, other than family members, except asneeded in case of the patient's transfer to another health care institution oras required by law or third party payment contract;

(6)        To be free from mental and physical abuse and, except inemergencies, to be free from chemical and physical restraints unless authorizedfor a specified period of time by a physician according to clear and indicatedmedical need;

(7)        To receive from the administrator or staff of the facility areasonable response to all requests;

(8)        To associate and communicate privately and withoutrestriction with persons and groups of the patient's choice on the patient'sinitiative or that of the persons or groups at any reasonable hour; to send andreceive mail promptly and unopened, unless the patient is unable to open andread personal mail; to have access at any reasonable hour to a telephone wherethe patient may speak privately; and to have access to writing instruments,stationery, and postage;

(9)        To manage the patient's financial affairs unless authorityhas been delegated to another pursuant to a power of attorney, or writtenagreement, or some other person or agency has been appointed for this purposepursuant to law. Nothing shall prevent the patient and facility from entering awritten agreement for the facility to manage the patient's financial affairs.In the event that the facility manages the patient's financial affairs, itshall have an accounting available for inspection and shall furnish the patientwith a quarterly statement of the patient's account. The patient shall havereasonable access to this account at reasonable hours; the patient or facilitymay terminate the agreement for the facility to manage the patient's financialaffairs at any time upon five days' notice.

(10)      To enjoy privacy in visits by the patient's spouse, and, ifboth are inpatients of the facility, they shall be afforded the opportunitywhere feasible to share a room;

(11)      To enjoy privacy in the patient's room;

(12)      To present grievances and recommend changes in policies andservices, personally or through other persons or in combination with others, onthe patient's personal behalf or that of others to the facility's staff, thecommunity advisory committee, the administrator, the Department, or otherpersons or groups without fear of reprisal, restraint, interference, coercion,or discrimination;

(13)      To not be required to perform services for the facilitywithout personal consent and the written approval of the attending physician;

(14)      To retain, to secure storage for, and to use personalclothing and possessions, where reasonable;

(15)      To not be transferred or discharged from a facility exceptfor medical reasons, the patient's own or other patients' welfare, nonpaymentfor the stay, or when the transfer or discharge is mandated under Title XVIII(Medicare) or Title XIX (Medicaid) of the Social Security Act. The patientshall be given at least five days' advance notice to ensure orderly transfer ordischarge, unless the attending physician orders immediate transfer, and theseactions, and the reasons for them, shall be documented in the patient's medicalrecord;

(16)      To be notified within 10 days after the facility has beenissued a provisional license because of violation of licensure regulations orreceived notice of revocation of license by the North Carolina Department ofHealth and Human Services and the basis on which the provisional license ornotice of revocation of license was issued. The patient's responsible familymember or guardian shall also be notified. (1977, c. 897, s. 1; 1983, c. 775, s. 1; 1989, c. 75; 1997‑443,s. 11A.118(a).)