The proposed amendments to the North Dakota Century Code focus on enhancing the rights of residents in health care facilities by updating definitions and clarifying facility responsibilities. Key changes include the introduction of terms such as "technology device," "virtual monitoring," and "virtual visitation," which pertain to the use of electronic devices for communication and monitoring. The bill emphasizes residents' rights to private communications and participation in community activities, while also requiring facilities to provide a clear statement of rights upon admission, explained both orally and in writing. Additionally, it protects residents from retaliation for filing complaints and mandates transparency regarding financial transactions involving residents' funds.
The bill further strengthens resident protections by allowing them and their representatives to access and authorize the release of personal or medical records. It stipulates that any use of physical or chemical restraints in emergencies must be authorized by a qualified medical professional and documented, explicitly prohibiting their use for punishment or staff convenience. Facilities must provide written reasons for admission denials and ensure that resident council meetings are exclusive to residents or their invited guests. Importantly, the bill asserts that waiving rights cannot be a condition for admission or continued residence. It also addresses the use of electronic monitoring devices, allowing residents to utilize technology for virtual monitoring or visitation while ensuring privacy rights are respected. Overall, these amendments aim to bolster resident autonomy and safeguard their rights within care facilities.
Statutes affected: INTRODUCED: 50-10.2-01, 50-10.2-02, 50-10.2-02.1, 50-10.2-05
Adopted by the Senate Human Services Committee: 50-10.2-01, 50-10.2-02, 50-10.2-02.1, 50-10.2-05
FIRST ENGROSSMENT: 50-10.2-01, 50-10.2-02, 50-10.2-02.1, 50-10.2-05
Adopted by the House Human Services Committee: 50-10.2-01, 50-10.2-02, 50-10.2-02.1
PREFILED: 43-23-06.1, 43-23-08, 43-23-13.1, 43-23-24