44:82:06:02.  Owner or operator to inform resident of rights. Prior to or at the time of admission, an owner or operator shall inform the resident, both orally and in writing, of the resident's rights and of the rules governing the resident's conduct and responsibilities while living in the home. Any subsequent modifications to the resident's rights and rules governing the resident's conduct and responsibilities shall be communicated, both orally and in writing, to the resident. The information shall contain the following:

          (1)  The resident's ability to exercise the resident's rights as a resident of the home and as a citizen of the United States;

          (2)  The resident's right to be free of interference, coercion, discrimination, and reprisal from the home in exercising the resident's rights;

          (3)  The resident's right to have a person appointed to act on the resident's behalf. If a resident has been adjudged incompetent or incapacitated, the resident's rights shall be exercised by the person appointed under state law to act on the resident's behalf. If a resident has not been adjudged to be incompetent or incapacitated, the resident's rights may be exercised by the legal surrogate recognized under state law, whether statutory or as recognized by the courts of the state to act on the resident's behalf. The home shall record and keep up to date the appointed person's address and phone number;

          (4)  The resident's right to access the resident's own records;

          (5)  The resident's right to be fully informed of the resident's total health status, including functional status, medical care, nursing care, nutritional status, rehabilitation and restorative potential, activities potential, cognitive status, oral health, psychosocial status, and sensory and physical impairments;

          (6)  The resident's right to refuse treatment and to refuse to participate in experimental research. A resident's right to refuse treatment does not absolve an owner, operator, or care provider from responsibility to provide for necessary medical services and treatment. Any resident who refuses treatment shall be informed of the results of that refusal, plus any alternatives that may be available;

          (7)  The resident's right to formulate a durable power of attorney for health care as provided in SDCL chapter 59-7 and a living will declaration as provided in SDCL chapter 34-12D; and

          (8)  The resident's right to receive visitors. Visiting hours and policies of the home shall permit and encourage the visiting of residents by friends and relatives.

          Source: 44 SDR 66, effective October 17, 2017.

          General Authority: SDCL 34-12-13(15).

          Law Implemented: SDCL 34-12-13(15).