Chapter 06-225

2006 -- H 8073 AS AMENDED

Enacted 07/03/06

A N A C T

RELATING TO INFORMED CONSENT

Introduced By: Representative Arthur J. Corvese

Date Introduced: May 04, 2006

It is enacted by the General Assembly as follows:

     SECTION 1. Section 23-17-19.1 of the General Laws in Chapter 23-17 entitled

"Licensing of Health Care Facilities" is hereby amended to read as follows:

23-17-19.1. Rights of patients. -- Every health care facility licensed under this chapter

shall observe the following standards and any other standards that may be prescribed in rules and

regulations promulgated by the licensing agency with respect to each patient who utilizes the

facility:

      (1) The patient shall be afforded considerate and respectful care.

      (2) Upon request, the patient shall be furnished with the name of the physician

responsible for coordinating his or her care.

      (3) Upon request, the patient shall be furnished with the name of the physician or other

person responsible for conducting any specific test or other medical procedure performed by the

health care facility in connection with the patient's treatment.

      (4) The patient shall have the right to refuse any treatment by the health care facility to

the extent permitted by law.

      (5) The patient's right to privacy shall be respected to the extent consistent with

providing adequate medical care to the patient and with the efficient administration of the health

care facility. Nothing in this section shall be construed to preclude discreet discussion of a

patient's case or examination of appropriate medical personnel.

      (6) The patient's right to privacy and confidentiality shall extend to all records pertaining

to the patient's treatment except as otherwise provided by law.

      (7) The health care facility shall respond in a reasonable manner to the request of a

patient's physician, certified nurse practitioner and/or a physician's assistant for medical services

to the patient. The health care facility shall also respond in a reasonable manner to the patient's

request for other services customarily rendered by the health care facility to the extent the

services do not require the approval of the patient's physician, certified nurse practitioner and/or a

physician's assistant or are not inconsistent with the patient's treatment.

      (8) Before transferring a patient to another facility, the health care facility must first

inform the patient of the need for and alternatives to a transfer.

      (9) Upon request, the patient shall be furnished with the identities of all other health care

and educational institutions that the health care facility has authorized to participate in the

patient's treatment and the nature of the relationship between the institutions and the health care

facility.

      (10) If (a) Except as otherwise provided in this subparagraph, if the health care facility

proposes to use the patient in any human experimentation project, human subjects research, it

shall first thoroughly inform the patient of the proposal and offer the patient the right to refuse to

participate in the project.

(b) No facility shall be required to inform prospectively the patient of the proposal and

the patient's right to refuse to participate when: (i) the facility's human subjects research involves

the investigation of potentially life saving devices, medications and/or treatments and the patient

is unable to grant consent due to a life threatening situation; and consent is not available from the

agent pursuant to title 23, chapter 4.10 of the general laws or the patient's surrogate decision

maker if an agent has not been designated or an applicable advanced directive has not been

executed by the patient; and (ii) the facility's institutional review board approves the human

subjects research pursuant to the requirements of 21 CFR Part 50 and/or 45 CFR Part 46 (relating

to the informed consent of human subjects). Any health care facility engaging in research

pursuant to the requirements of subparagraph (b) herein shall file a copy of the relevant research

protocol with the department of health, which filing shall be publicly available.

      (11) Upon request, the patient shall be allowed to examine and shall be given an

explanation of the bill rendered by the health care facility irrespective of the source of payment of

the bill.

      (12) Upon request, the patient shall be permitted to examine any pertinent health care

facility rules and regulations that specifically govern the patient's treatment.

      (13) The patient shall be offered treatment without discrimination as to race, color,

religion, national origin, or source of payment.

      (14) Patients shall be provided with a summarized medical bill within thirty (30) days of

discharge from a health care facility. Upon request, the patient shall be furnished with an itemized

copy of his or her bill. When patients are residents of state-operated institutions and facilities, the

provisions of this subsection shall not apply.

      (15) Upon request, the patient shall be allowed the use of a personal television set

provided that the television complies with underwriters' laboratory standards and O.S.H.A.

standards, and so long as the television set is classified as a portable television.

      (16) No charge shall be made for furnishing a health record or part of a health record to a

patient, his or her attorney or authorized representative if the record or part of the record is

necessary for the purpose of supporting an appeal under any provision of the Social Security Act,

42 U.S.C. section 301 et seq., and the request is accompanied by documentation of the appeal or a

claim under the provisions of the Workers' Compensation Act, chapters 29 -- 38 of title 28. A

provider shall furnish a health record requested pursuant to this section within thirty (30) days of

the request. Further, for patients of school based health centers, the director is authorized to

specify by regulation an alternative list of age appropriate rights commensurate with this section.

      (17) The patient shall have the right to have his or her pain assessed on a regular basis.

      (18) Notwithstanding any other provisions of this section, upon request, patients

receiving care through hospitals, nursing homes, assisted living residences and home health care

providers, shall have the right to receive information concerning hospice care, including the

benefits of hospice care, the cost, and how to enroll in hospice care.

     SECTION 2. This act shall take effect upon passage.

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LC03146

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