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AUTHORITY The following rules and regulations for the - Arkansas ...

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3. Resident mentally incapacitated: <strong>The</strong> resident's legal guardian is read <strong>and</strong><br />

explained <strong>the</strong> Rights. <strong>The</strong> legal guardian <strong>the</strong>n signs <strong>the</strong> Resident Rights<br />

Statement be<strong>for</strong>e one witness, who also signs <strong>the</strong> statement.<br />

4. Resident capable of underst<strong>and</strong>ing but acknowledge with o<strong>the</strong>r mark (X): Mark is<br />

made by <strong>the</strong> resident in front of two witnesses who know <strong>the</strong> resident <strong>and</strong> also<br />

sign.<br />

e. Effective means shall be utilized to in<strong>for</strong>m non-English speaking persons or persons with<br />

hearing or visual impairments of <strong>the</strong> Resident Rights;<br />

f. Staff members will be provided a copy of <strong>the</strong> Resident Rights <strong>and</strong> must fully underst<strong>and</strong><br />

all rights. Staff must complete a written acknowledgement stating <strong>the</strong>y have received,<br />

read <strong>and</strong> underst<strong>and</strong> <strong>the</strong> Resident Rights. A copy of <strong>the</strong> signed acknowledgement shall<br />

be placed in <strong>the</strong> employee's personnel file;<br />

g. <strong>The</strong> facility's procedures regarding resident's rights <strong>and</strong> responsibilities will be <strong>for</strong>mally<br />

included in ongoing staff development programs <strong>for</strong> all personnel, including new<br />

employees.<br />

312.2 <strong>The</strong> resident's right to know of services available shall meet <strong>the</strong> <strong>following</strong> conditions:<br />

a. Each resident admitted to <strong>the</strong> facility will be fully in<strong>for</strong>med, by <strong>the</strong> time of admission <strong>and</strong><br />

as need arises during residency, of services available in <strong>the</strong> facility, including any charges<br />

<strong>for</strong> services;<br />

b. Residents have <strong>the</strong> right to choose, at <strong>the</strong>ir own expense, a personal physician <strong>and</strong><br />

pharmacist.<br />

312.3 <strong>The</strong> resident's right concerning transfers <strong>and</strong> discharges:<br />

a. <strong>The</strong> facility must develop <strong>and</strong> implement transfer <strong>and</strong> discharge policies <strong>and</strong> procedures<br />

as specified in Section 309.3;<br />

b. <strong>The</strong> facility must give <strong>the</strong> resident reasonable written notice of changes in room or<br />

roommate when <strong>the</strong> change is not requested by <strong>the</strong> resident.<br />

312.4 <strong>The</strong> resident's right to constitutional <strong>and</strong> legal rights are as follows:<br />

a. Each resident admitted to <strong>the</strong> facility will be encouraged <strong>and</strong> assisted to exercise all<br />

constitutional <strong>and</strong> legal rights as a resident <strong>and</strong> a citizen including <strong>the</strong> right to vote. <strong>The</strong><br />

facility shall make reasonable accommodations to ensure free exercise of <strong>the</strong>se rights;<br />

b. Residents may voice grievances or recommend changes in policies or services to facility<br />

staff or to outside representatives of <strong>the</strong>ir choice, free from restraint, coercion,<br />

discrimination, or reprisal;<br />

c. Residents shall have <strong>the</strong> right to free exercise of religion including <strong>the</strong> right to rely on<br />

spiritual means <strong>for</strong> treatment.<br />

43<br />

Residential Care Facilities R. 08/01/07

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