Page 1 of 4
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2010 ENROLLED
SENATE BILL NO. 216
BY SENATOR MOUNT AND REPRESENTATI VE KATZ
AN ACT1
To amend and reenact R.S. 40:2010.8(A)(2)(a) and (b), (6), (8), (10), (12), (13) and (21),2
and to enact R.S. 40:2010.8(A)(2)(c) and (d), relative to the nursing home residents3
bill of rights; to provide for certain rights; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 40:2010.8(A)(2)(a) and (b), (6), (8), (10), (12), (13) and (21), are6
hereby amended and reenacted and R.S. 40:2010.8(A)(2)(c) and (d) are hereby enacted to7
read as follows: 8
§2010.8. Residents' bill of rights9
A. All nursing homes shall adopt and make public a statement of the rights10
and responsibilities of the residents residing therein and shall treat such residents in11
accordance with the provisions of the statement. The statement shall assure each12
resident the following:13
* * *14
(2)(a) The right to private and uncensored communications, including but not15
limited to receiving and sending unopened correspondence; access to a telephone;16
visitation with any person of the resident's choice; and overnight visitation outside17
the facility with family and friends in accordance with nursing home policies,18
physician orders, and Title XVIII (Medicare) and Title XIX (Medicaid) of the Social19
Security Act regulations, without the loss of his bed.20
(b) Nursing home visiting hours shall be flexible, taking into consideration21
special circumstances such as out-of-town visitors and working relatives or friends.22
With the consent of the resident and in accordance with the policies approved by the23
Department of Health and Hospitals, the home shall permit recognized volunteer24
groups, representatives of community-based legal, social, mental health, and leisure25
and planning programs, and members of the clergy access to the home during26
visiting hours for the purpose of visiting with and providing services to any resident.27
ACT No. 128 SB NO. 216 ENROLLED
Page 2 of 4
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
The right to be granted immediate access to the following:1
(i) Any representative of the secretary of the United States Department2
of Health and Human Services.3
(ii) Any representative of the state acting pursuant to his duties and4
responsibilities under state or federal law.5
(iii) The resident's individual physician.6
(iv) The state long term care ombudsman.7
(v) The agency responsible for the protection and the advocacy system8
for developmentally disabled individuals.9
(vi) The agency responsible for the protection and the advocacy system10
for mentally ill individuals.11
(vii) Immediate family members, other relatives of the resident, and the12
resident's clergy subject to the resident's right to deny or withdraw consent at13
any time.14
(viii) Others who are visiting with the consent of the resident, subject to15
reasonable restrictions and the resident's right to deny or withdraw consent at16
any time.17
(c)The facility shall provide reasonable access to any resident by any18
entity or individual that provides health, social, legal, or other services to the19
resident, subject to the resident's right to deny or withdraw consent at any time.20
(d)Reasonable restrictions are those imposed by the facility that protect21
the security of all the facility's residents. The facility may change the location22
of visits to assist care giving or protect the privacy of other residents.23
* * *24
(6) The right to be adequately informed of his medical condition and25
proposed treatment, unless otherwise indicated by the resident's physician; to26
participate in the planning of all medical treatment, including the right to refuse27
medication and treatment, unless otherwise indicated by the resident's physician; and28
to be informed of the consequences of such actions.29
* * *30 SB NO. 216 ENROLLED
Page 3 of 4
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(8) The right to have privacy in treatment and in caring for personal needs;1
to have closed room doors, and to have facility personnel knock before entering the2
room, except in case of an emergency or unless medically contraindicated; to have3
confidentiality in the treatment of personal and medical records; and to be secure in4
storing and using personal possessions, subject to applicable state and federal health5
and safety regulations and the rights of other residents. Privacy of the resident's body6
shall be maintained during but not limited to toileting, bathing, and other activities7
of personal hygiene, except as needed for resident safety or assistance.8
* * *9
(10) The right to be free from mental and physical abuse and from physical10
and chemical restraints, except those restraints authorized by a physician for a11
specified and limited period of time or those necessitated by an emergency. In case12
of an emergency, restraint may only be applied by a qualified licensed nurse, who13
shall set forth in writing the circumstances requiring the use of the restraint, and, in14
case of a chemical restraint, a physician shall be consulted immediately thereafter.15
Restraints shall not be used in lieu of staff supervision or merely for staff16
convenience or resident punishment, or for any reason other than resident protection17
or safety ; and the right to be free from any physical or chemical restraint18
imposed for the purposes of discipline or convenience, and not required to treat19
the resident's medical symptoms.20
* * *21
(12) The right to select a personal physician; to obtain pharmaceutical22
supplies and services from a pharmacy of the resident's choice, at the resident's own23
expense or through Title XVIII or Title XIX of the Social Security Act; and to24
obtain information about, and to participate in, community-based activities and25
programs, unless medically contraindicated, as documented by a physician in the26
resident's medical record, and such participation would violate infection control laws27
or regulations unless such participation would violate infection control or28
quarantine laws or regulations.29
(13) The right to retain and use personal clothing and possessions as space30 SB NO. 216 ENROLLED
Page 4 of 4
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
permits, unless to do so would infringe upon the rights of other residents or unless1
medically contraindicated as documented by a physician in the resident's medical2
record. Clothing need not be provided to the resident by the home except in3
emergency situations. If provided, it shall be of reasonable fit.4
* * *5
(21) The right to retire and rise in accordance with his reasonable requests,6
if he does not disturb others and does not disrupt the posted meal schedules and,7
upon the home's request, if he remains in a supervised area unless retiring and rising8
in accordance with the resident's request is not medically advisable as documented9
in his medical record by the attending physician the resident's personal preference.10
* * *11
Section 2. This Act shall become effective upon signature by the governor or, if not12
signed by the governor, upon expiration of the time for bills to become law without signature13
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If14
vetoed by the governor and subsequently approved by the legislature, this Act shall become15
effective on the day following such approval.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: