HAR §11-95-25. Patients' rights and patients' care

(a) All patients admitted to the facility shall be under the care of a medical staff member. (b) An appropriate medical history and physical examination shall be obtained within seventy-two hours prior to admission of the patient. A record of these procedures shall be on the patient's medical record within the facility prior to induction of any anesthesia or to the performance of any surgical procedure. (c) Patients shall be observed in this facility for a reasonable period of time to ensure that no immediate post-operative complications are present. Thereafter, patients shall be discharged at the discretion of the patient's physician. If the patient's physician determines that the post-operative observation period should extend beyond the closing time of the facility, the patient shall be transferred to a hospital. (d) At the time of the discharge from the facility, each patient shall be provided with a document including as a minimum the following information. (1) The exact procedure which was performed using accepted medical terminology; (2) The precise names, both generic and proprietory, of the anesthetic used, as well as all other drugs administered in the facility, or given to the patient at the time of discharge; (3) Symptoms of complications which might ensue from the procedures carried on in the facility prior to discharge; (4) Activities to be avoided by the patient; (5) Specific telephone number, or numbers, of the operating physician or dentist, as well as the telephone numbers of at least one suitable back-up physician or dentist; (6) The telephone number and locations of the nearest hospital, or hospitals, to be used by the patient should complications arise. It shall be the responsibility of the operating physician to provide this information; (7) The date and location of the first post-operative check-up to be required. (e) Patient's rights; (1) Written policies regarding the rights and responsibilities of patients during their stay in the facility shall be established by the governing body and shall be made available to the patient, guardian, next of kin, sponsoring agency, and to the public; (2) All patients have the right to obtain from their physician complete current information concerning their diagnosis, prognosis, and treatment in terms that can be reasonably expected to be understood. When it is not medically advisable to give such information to the patient, the information shall be made available to an appropriate person on the patient's behalf. The patients are entitled to know, by name, the physician coordinating their care, as well as the physician who actually performs any surgical procedure; (3) Each patient or guardian is entitled to receive sufficient information to give informed consent prior to the start of any procedure or treatment. [Eff March 3, 1986] (Auth: HRS §§321-9, 321-10) (Imp: HRS §321-10)