3724.07 Rights of residents - civil action for violation.

(A) As used in this section:

(1) “Sponsor” means a guardian or an adult relative or friend of a resident of a community alternative home who has an interest in or responsibility for the welfare of the resident.

(2) “Physical restraint” includes, but is not limited to, a geriatric chair, the locked door of a room, or any article, device, or garment that interferes with the free movement of the resident and that he is unable to remove easily.

(3) “Chemical restraint” means chlorpromazine hydrochloride or any drug that is listed in the schedules of controlled substances under section 3719.41 of the Revised Code as a substance having a depressant effect on the central nervous system.

(B) The rights of a resident of a community alternative home include all of the following:

(1) The right to a safe, healthy, and decent living environment;

(2) The right to be treated at all times with courtesy, respect, and full recognition of personal dignity and individuality;

(3) The right to have all reasonable requests and inquiries responded to promptly;

(4) The right to have clothes and bed sheets changed as the need arises, to ensure that his condition is comfortable or sanitary;

(5) The right to confidential treatment of personal and medical records, and the right to approve or refuse the release of these records to any individual except as authorized by law or rule, except in the case of transfer to another community alternative home or health care facility;

(6) The right to privacy during medical examination or treatment and in the care of personal or bodily needs;

(7) The right to exercise all civil rights, unless he has been adjudicated incompetent pursuant to Chapter 2111. of the Revised Code and has not been restored to legal capacity, as well as the right to the cooperation of the operator or residence manager in making arrangements for him to exercise the right to vote;

(8) The right to retire and rise in accordance with his reasonable request, if he does not disturb others or interfere with meal schedules;

(9) The right to refuse medical treatment or services, or if he has been adjudicated incompetent pursuant to Chapter 2111. of the Revised Code, the right to have his legal guardian make decisions about medical treatment and services for him;

(10) The right to observe religious obligations and participate in religious activities;

(11) The right to manage personal financial affairs;

(12) The right to ownership and reasonable use of personal property, including clothing, so as to maintain dignity and individuality;

(13) The right to engage in activities of his own choosing within reason, or to refrain from engaging in activities;

(14) The right to participate in activities within the home and use the common areas within reason unless his physician has indicated, in his medical record, that an activity is not medically advisable;

(15) The right to private and unrestricted communications including:

(a) The right to receive and send sealed, unopened correspondence;

(b) The right to reasonable access to a telephone for private communications;

(16) The right to initiate and maintain contact with the community, including the right to participate in the activities of community groups at his initiative or at the initiative of community groups, unless his physician has indicated, in his medical record, that an activity is not medically advisable;

(17) The right to retain the services of a health care or social services provider at his own expense;

(18) The right to be free from abuse, neglect, or exploitation;

(19) The right to be free from physical or chemical restraints or prolonged isolation except as specified in rules of the public health council adopted under section 3724.05 of the Revised Code;

(20) The right to examine billing records pertaining to his care, to be informed, in writing, of the rates charged by the home as well as any additional charges, and to receive thirty days’ notice, in writing, of any change in the rates and charges;

(21) The right to state grievances and recommend changes in policies and services to the home’s staff, to a governmental agency, or to any other person without reprisal;

(22) The right to have any significant change in his health reported to his sponsor;

(23) The right not to be transferred or discharged from the home except as authorized by section 3724.10 of the Revised Code.

(D) A resident whose rights under this section have been violated has a civil cause of action against the home or person committing the violation. The action may be commenced by the resident or by a sponsor on his behalf.

Effective Date: 11-01-1989