Human Services, Substance Abuse and Mental Health, State Hospital

Rule R525-2

Patient Rights

Notice of Proposed Rule

(Amendment)

DAR File No.: 35589
Filed: 01/03/2012 09:27:09 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to update the format of the rule by adding the statutory rulemaking authority and purpose of the rule. Also, the amendment removes irrelevant language from the rule.

Summary of the rule or change:

The changes add the statutory rulemaking authority and purpose of the rule; and remove irrelevant language from the rule. The Utah State Hospital does not perform surgery, therefore, consent forms for surgical procedures are not necessary.

State statutory or constitutional authorization for this rule:

• Section 62A-15-606

Anticipated cost or savings to:

the state budget:

Because this amendment is formatting and procedural changes only, there is no cost or savings to the state budget.

local governments:

Because this amendment is formatting and procedural changes only, there is no cost or savings to local government.

small businesses:

Because this amendment is formatting and procedural changes only, there is no cost or savings to small businesses.

persons other than small businesses, businesses, or local governmental entities:

Because this amendment is formatting and procedural changes only, there is no cost or savings to persons other than small businesses, businesses, or local government entities.

Compliance costs for affected persons:

Because this amendment is formatting and procedural changes only, there are no compliance costs.

Comments by the department head on the fiscal impact the rule may have on businesses:

There is no fiscal impact on businesses because this amendment is only making formatting and procedural changes to this rule.

Palmer DePaulis, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Human Services
Substance Abuse and Mental Health, State Hospital
UTAH STATE HOSPITAL
PROVO, UT 84603-0270

Direct questions regarding this rule to:

• Julene Jones at the above address, by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at [email protected]
• L Ray Winger at the above address, by phone at 801-538-4319, by FAX at 801-538-9892, or by Internet E-mail at [email protected]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

02/14/2012

This rule may become effective on:

02/21/2012

Authorized by:

Lana Stohl, Director

R525. Human Services, Substance Abuse and Mental Health, State Hospital.

R525-2. Patient Rights.

R525-2-1. Authority and Purpose.

(1) This rule is adopted under the authority of Section 62A-15-606.

(2) The purpose of this rule is to explain patient rights for patients at the Utah State Hospital.

 

R525-2-[1]2. Patients and Family Are Informed of Rights.

Patients, and when appropriate, family members are informed of their rights and the means by which these rights are protected and exercised.

 

R525-2-[2]3. Admission Status.

Patients, and when appropriate, family members have their admission status explained to them and to have the provisions of the law pertaining to their admission.

 

R525-2-[3]4. Consent Forms.

A written, dated, and signed consent form is obtained from the patient, and when appropriate, the patient's family or legal guardian for participation in research projects and for use or performance of:

[A. surgical procedures;

] [B.](1) electroconvulsive therapy;

[C.](2) unusual medications;

[D.](3) audiovisual equipment;

[E.](4) other procedures where consent is required by law.

 

R525-2-[4]5. Patient Advocate.

A Hospital Patient Advocate is provided to assist patients and, when appropriate family members, and direct their concerns to the appropriate person/agency.

 

R525-2-[5]6. Patient May Deny Family Members Access to Treatment Information.

Adult patients, who do not have a court-appointed legal guardian, may exclude family members from their treatment information.

 

KEY: patient rights

Date of Enactment or Last Substantive Amendment: [May 25, 1998]2012

Notice of Continuation: May 19, 2008

Authorizing, and Implemented or Interpreted Law: 62A-15-606