630.115. Patient's entitlements--administrative review of violations.

MISSOURI STATUTES AND CODES

630.115. Patient's entitlements--administrative review of violations.

Patient's entitlements--administrative review of violations.

630.115. 1. Each patient, resident or client shall be entitled tothe following without limitation:

(1) To humane care and treatment;

(2) To the extent that the facilities, equipment and personnel areavailable, to medical care and treatment in accordance with the higheststandards accepted in medical practice;

(3) To safe and sanitary housing;

(4) To not participate in nontherapeutic labor;

(5) To attend or not attend religious services;

(6) To receive prompt evaluation and care, treatment, habilitation orrehabilitation about which he is informed insofar as he is capable ofunderstanding;

(7) To be treated with dignity as a human being;

(8) To not be the subject of experimental research without his priorwritten and informed consent or that of his parent, if a minor, or hisguardian; except that no involuntary patient shall be subject toexperimental research, except as provided within this chapter;

(9) To decide not to participate or may withdraw from any research atany time for any reason*;

(10) To have access to consultation with a private physician at hisown expense;

(11) To be evaluated, treated or habilitated in the least restrictiveenvironment;

(12) To not be subjected to any hazardous treatment or surgicalprocedure unless he, his parent, if he is a minor, or his guardianconsents; or unless such treatment or surgical procedure is ordered by acourt of competent jurisdiction;

(13) In the case of hazardous treatment or irreversible surgicalprocedures, to have, upon request, an impartial review prior toimplementation, except in case of emergency procedures required for thepreservation of his life;

(14) To a nourishing, well-balanced and varied diet;

(15) To be free from verbal and physical abuse.

2. Notwithstanding any other sections of this chapter, each patient,resident or client shall have the right to an impartial administrativereview of alleged violations of the rights assured under this chapter. Theimpartial administration review process shall be a mechanism for:

(1) Reporting alleged violations of rights assured under thischapter;

(2) Investigating alleged violations of these rights;

(3) Presenting patient, resident or client grievances on the recordto a neutral decision maker; and

(4) Requiring that the neutral decision maker issue findings of fact,conclusions and recommendations.

3. The impartial administrative review process shall be completedwithin a timely manner after the alleged violation is reported.

4. This impartial review process shall not apply to investigations ofalleged patient, resident or client abuse or neglect conducted pursuant tosection 630.167.