Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 52 Pa.B. 3204 (May 28, 2022).

28 Pa. Code § 553.12. Implementation.

§ 553.12. Implementation.

 (a)  The ASF governing body shall establish a patient’s bill of rights not less in substance and coverage than the minimal patient’s bill of rights provided by subsection (b).

 (b)  The following are minimal provisions for the patient’s bill of rights:

   (1)  A patient has the right to respectful care given by competent personnel.

   (2)  A patient has the right, upon request, to be given the name of his attending practitioner, the names of all other practitioners directly participating in his care and the names and functions of other health care persons having direct contact with the patient.

   (3)  A patient has the right to consideration of privacy concerning his own medical care program. Case discussion, consultation, examination and treatment are considered confidential and shall be conducted discreetly.

   (4)  A patient has the right to have records pertaining to his medical care treated as confidential except as otherwise provided by law or third party contractual arrangements.

   (5)  A patient has the right to know what ASF rules and regulations apply to his conduct as a patient.

   (6)  The patient has the right to expect emergency procedures to be implemented without unnecessary delay.

   (7)  The patient has the right to good quality care and high professional standards that are continually maintained and reviewed.

   (8)  The patient has the right to full information in layman’s terms, concerning diagnosis, treatment and prognosis, including information about alternative treatments and possible complications. When it is not medically advisable to give the information to the patient, the information shall be given on his behalf to the responsible person.

   (9)  Except for emergencies, the practitioner shall obtain the necessary informed consent prior to the start of a procedure. Informed consent is defined in section 103 of the Health Care Services Malpractice Act (40 P. S. §  1301.103).

   (10)  A patient or, if the patient is unable to give informed consent, a responsible person, has the right to be advised when a practitioner is considering the patient as a part of a medical care research program or donor program, and the patient, or responsible person, shall give informed consent prior to actual participation in the program. A patient, or responsible person, may refuse to continue in a program to which he has previously given informed consent.

   (11)  A patient has the right to refuse drugs or procedures, to the extent permitted by statute, and a practitioner shall inform the patient of the medical consequences of the patient’s refusal of drugs or procedures.

   (12)  A patient has the right to medical and nursing services without discrimination based upon age, race, color, religion, sex, national origin, handicap, disability or source of payment.

   (13)  The patient who does not speak English shall have access, where possible, to an interpreter.

   (14)  The ASF shall provide the patient, or patient designee, upon request, access to the information contained in his medical records, unless access is specifically restricted by the attending practitioner for medical reasons.

   (15)  The patient has the right to expect good management techniques to be implemented within the ASF. These techniques shall make effective use of the time of the patient and avoid the personal discomfort of the patient.

   (16)  When an emergency occurs and a patient is transferred to another facility, the responsible person shall be notified. The institution to which the patient is to be transferred shall be notified prior to the patient’s transfer.

   (17)  The patient has the right to examine and receive a detailed explanation of his bill.

   (18)  A patient has the right to expect that the ASF will provide information for continuing health care requirements following discharge and the means for meeting them.

   (19)  A patient has the right to be informed of his rights at the time of admission.

Cross References

   This section cited in 28 Pa. Code §  553.11 (relating to purpose).



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