Patient Rights

(1) Each patient has at least the following rights: (a) To privacy in treatment and personal care; (b) To be free from mental and physical abuse. Should this right be violated, the agency must notify the Department within five (5) business days and the Tennessee Department of Human Services, Adult Protective Services immediately; (c) To refuse treatment. The patient must be informed of the consequences of that decision, and the refusal and its reason must be reported to the treating physician and documented in the medical record; (d) To refuse experimental treatment and drugs. The patient’s written consent for participation in research must be obtained and retained in his or her medical record; and (e) To have his or her records kept confidential and private. Written consent by the patient must be obtained prior to release of information except to persons authorized by law. If the patient is mentally incompetent, written consent is required from the patient’s legal representative. The agency must have policies to govern access and duplication of the patient’s record. (2) Each patient has a right to self-determination, which encompasses the right to make choices regarding life-sustaining treatment, including resuscitative services. This right of self- determination may be effectuated by an advance directive.