481—71.21(135G) Residents’ rights in general.
	71.21(1) Policies and procedures. Each facility shall ensure that policies and procedures are written and implemented, include all of the following subrules, and govern all areas of service provided to staff and residents, their families or legal representatives. The policies and procedures shall be available to the public and shall be reviewed annually by the facility.
	71.21(2) Grievances. Written policies and procedures shall include a method for submission of grievances and recommendations by residents or their responsible parties and a method to ensure a response and disposition by the facility. The written grievance procedure shall ensure protection of the resident from any form of reprisal or intimidation and shall include:
	a. 	The name of an employee or an alternate staff person designated to be responsible for handling grievances and recommendations; and
	b. 	Methods to investigate and assess the validity of a grievance or recommendation, resolve grievances, and take action.
	71.21(3) Informed of rights and responsibilities. Policies and procedures shall include a provision that each resident shall be fully informed of the resident’s rights and responsibilities as a resident and of all rules governing resident conduct and responsibilities. This information must be provided upon admission.
	a. 	The facility shall inform residents about what they may expect from the facility and its staff and what is expected from residents.
	b. 	Residents’ rights and responsibilities shall be presented in language understandable to the resident. If the facility serves residents who are non-English-speaking or deaf or hard of hearing, steps shall be taken to translate the information into the person’s native language or sign language. In the case of visually impaired residents, either Braille or a recording shall be provided.
	c. 	A statement shall be signed by the resident and legal guardian, if applicable, indicating an understanding of these rights and responsibilities, and the statement shall be maintained in the record. A copy of the signed statement shall be given to the resident or legal guardian.
	71.21(4) Informed of health condition. Each resident or legal guardian shall be fully informed by a physician, physician assistant, advanced registered nurse practitioner or mental health professional of the resident’s health and medical condition unless medically contraindicated as documented by a physician, physician assistant, advanced registered nurse practitioner or mental health professional in the resident’s record.
	71.21(5) Posting of names. The facility shall post in a prominent area the name, telephone number, and address of the survey agency, the local law enforcement agency and the protection and advocacy agency designated to provide to residents another course of redress.
	71.21(6) Dignity preserved. Each resident shall be treated with consideration, respect, and full recognition of the resident’s dignity and individuality, including privacy in treatment and in care of personal needs.
	a. 	Corporal punishment, verbal abuse, or any other activity that would be damaging to an individual’s self-respect shall be prohibited by written policy.
	b. 	Medication shall not be used as punishment, for the convenience of staff, or as a substitute for a program.
	c. 	Staff shall display respect for residents when speaking with, caring for, or talking about them, as constant affirmation of the individuality and dignity of human beings.
	d. 	Residents shall be examined and treated in a manner that maintains the privacy of their bodies. A closed door shall shield the resident from passersby. People not involved in the care of the residents shall not be present without the resident’s consent while the resident is being examined or treated.
	e. 	Staff shall knock and be acknowledged before entering a resident’s room unless the resident is not capable of a response. This requirement does not apply under emergency conditions.
	71.21(7) Communications. Each resident may communicate, associate, and meet privately with persons of the resident’s choice, unless to do so would infringe upon the rights of other residents. Each resident may send and receive personal mail unopened unless prohibited in the treatment plan, which requires explicit approval of the resident or legal guardian.
	71.21(8) Visiting hours. Subject to reasonable scheduling restrictions, visiting policies and procedures shall permit residents to receive visits from anyone they wish. Visiting hours shall be posted.
	a. 	Reasonable, regular visiting hours shall not be less than 12 hours per day and shall take into consideration the special circumstances of each visitor. A particular visitor(s) may be restricted by the facility for one of the following reasons:
	(1)	The resident refuses to see the visitor(s).
	(2)	The visit would not be in accordance with the treatment plan.
	(3)	The visitor’s behavior is unreasonably disruptive to the functioning of the facility.
	b. 	Reasons for denial of visitation shall be documented in the resident’s records.
	71.21(9) Privacy. Space shall be provided for residents to receive visitors in comfort and privacy.
	71.21(10) Telephone calls. Telephones shall be available and accessible for residents to make and receive calls with privacy. Residents who need help shall be assisted in using the telephone.
	71.21(11) Mail. Arrangements shall be made to provide assistance to residents who require help in reading or sending mail.
	71.21(12) Permission to leave premises. Residents shall be permitted to leave the facility and environs at reasonable times if permitted in writing by the physician, physician assistant, advanced registered nurse practitioner, mental health professional, or administrator.
	71.21(13) Resident activities. Each resident may participate in recreational activities as desired unless contraindicated for reasons documented in the resident’s record.
	71.21(14) Resident property. Each resident may retain and use personal clothing and possessions, as space permits, and cash and other financial instruments, provided that the use of such items is not otherwise prohibited.
	a. 	The personal property shall be kept in a secure location which is convenient to the resident.
	b. 	Residents shall be advised, prior to or at the time of admission, of the kinds and amounts of clothing and possessions permitted for personal use and whether the facility will accept responsibility for maintaining these items, e.g., cleaning and laundry.
	c. 	Any personal clothing or possessions retained by the facility for the resident shall be identified and recorded on admission and the record placed on the resident’s chart. The facility shall be responsible for secure storage of items, and the items shall be returned to the resident promptly upon request or upon discharge from the facility.
[ARC 1740C, IAB 11/26/14, effective 12/31/14; ARC 4431C, IAB 5/8/19, effective 6/12/19; ARC 5711C, IAB 6/16/21, effective 7/21/21]