OAR 333-700-0115
Patients’ Rights, Responsibilities and Family Education


(1)

The governing body of the facility shall adopt written policies regarding the rights and responsibilities of patients and, through the chief executive officer, shall be responsible for development of, and adherence to, procedures implementing such policies.

(2)

These policies and procedures shall be made available to patients and any guardians, next of kin, the Division, and to the public. The staff of the facility must be trained in and involved in the execution of such policies and procedures. The patients’ rights policies and procedures must ensure all patients in the facility:

(a)

Are informed of these rights and responsibilities, and of all rules and regulations governing patient conduct and responsibilities;

(b)

Are informed of services available in the facility and of related charges;

(c)

Are informed by a physician of their medical conditions unless medically contraindicated (as documented in their medical records);

(d)

Are afforded the opportunity to participate in the planning of their medical care (either through direct involvement or if the patient chooses, through family or a representative);

(e)

Are afforded the opportunity to refuse to participate in experimental research;

(f)

Are transferred or discharged only for medical reasons, for their own welfare or that of other patients or for nonpayment of fees. Patients discharged for these reasons shall be given a written notice prior to transfer or discharge. A patient exhibiting violent, abusive, or threatening behavior may be discharged immediately if necessary to protect themselves, other patients, or employees. A written notice shall be given to these patients within ten days of transfer or discharge;

(g)

Are informed about the effects and potential hazards of receiving dialysis and related treatments;

(h)

Are treated with consideration, respect and full recognition of their individual and their personal needs, including maintenance of confidentiality;

(i)

Are informed regarding the facility’s reuse of dialysis supplies, including hemodialyzers. If printed materials such as brochures are utilized to describe a facility and its services, they must contain a statement with respect to reuse. Patients have the right to refuse the use of reprocessed dialyzers; and

(j)

Are informed of all choices of dialysis treatment including peritoneal, self-care, home dialysis, in-center dialysis, no treatment, hospice, and transplantation. If the patient is not considered to be a candidate for transplantation, this information shall be made available to the patient or his/her family member in writing and include the reason(s).

(3)

The facility shall have written documentation from the patient that he/she has had his/her rights and responsibilities explained.

(4)

The facility shall provide the patient and his/her family with the opportunity for education including, but not limited to the following topics:

(a)

Physical orientation of the dialysis center;

(b)

Policy for scheduling patient treatment times;

(c)

Policies on violent or disruptive behavior;

(d)

Duties of members of the dialysis team;

(e)

Team member qualifications and duties;

(f)

Boundary issues between staff and patient;

(g)

Importance of dialysis adequacy and lab values;

(h)

Dietary needs and fluid balance;

(i)

Medications;

(j)

Benefits of exercise;

(k)

Disaster planning for situations in which the facility is unable to operate;

(l)

Infection control procedures;

(m)

Water purification;

(n)

Handling of hazardous substances;

(o)

Quality control process;

(p)

Medical records including contents and confidentiality issues; and

(q)

The right of patients and families to request private conversations with a member(s) of the multidisciplinary team at a time of their convenience.

(5)

Grievance mechanism: The facility must inform patients (or their representatives) of the facility’s grievance process and the procedures for appeal. All patients are encouraged and assisted to understand and exercise their rights. Grievances and recommended changes in policies and services may be addressed to facility staff, administration, the Network, and agencies or regulatory bodies with jurisdiction over the facility, through any representative of the patient’s choice, without restraint or interference, and without fear of discrimination or reprisal.

(6)

The facility’s grievance process must:

(a)

Include a record of each grievance made by a patient, his/her representative or family member;

(b)

Include documentation of the facility’s investigation of each grievance, including the resolution;

(c)

Include the method and phone number for submitting grievances that cannot be resolved at the facility level (e.g. administration, the Network, and the Division);

(d)

Include evidence that the person expressing the grievance is notified in writing of the outcome of the grievance investigation; and

(e)

Include evidence the facility has responded to the grievance within 30 days.

Source: Rule 333-700-0115 — Patients’ Rights, Responsibilities and Family Education, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=333-700-0115.

333‑700‑0000
Statement of Purpose
333‑700‑0004
Referenced Codes and Standards
333‑700‑0005
Definitions
333‑700‑0010
Application for Licensure
333‑700‑0015
Annual License Fee
333‑700‑0017
Application Review
333‑700‑0018
Approval of License Application
333‑700‑0019
Denial of License Application
333‑700‑0020
Expiration and Renewal of License
333‑700‑0025
Denial or Revocation of a License
333‑700‑0030
Discontinuance and Recommencement of Operation of Outpatient Renal Dialysis Facilities
333‑700‑0035
Return of Facility License
333‑700‑0040
Classification
333‑700‑0045
Hearings
333‑700‑0050
Adoption by Reference
333‑700‑0053
Complaints
333‑700‑0057
Investigations
333‑700‑0060
Surveys
333‑700‑0061
Violations
333‑700‑0062
Informal Enforcement
333‑700‑0063
Formal Enforcement
333‑700‑0064
Civil Penalties
333‑700‑0072
Waivers
333‑700‑0073
Outpatient Mobile Dialysis
333‑700‑0075
Administrative Authority and Management
333‑700‑0080
Quality Assessment and Performance Improvement
333‑700‑0085
Patient Care Plan
333‑700‑0090
Medical Records
333‑700‑0095
Medical Director of an Outpatient Renal Dialysis Facility
333‑700‑0100
Patient Care Staff
333‑700‑0105
Minimal Service Requirements for an Outpatient Renal Dialysis Facility
333‑700‑0110
Infection Control
333‑700‑0115
Patients’ Rights, Responsibilities and Family Education
333‑700‑0120
Facility Safety and Emergency Preparedness
333‑700‑0125
Reuse of Hemodialyzers and other Dialysis Supplies
333‑700‑0131
Physical Environment Requirements
Last Updated

Jun. 8, 2021

Rule 333-700-0115’s source at or​.us