Chapter 449A Care and Rights of Patients

Sections

449A.001
Definitions.
449A.003
“Agency to provide nursing in the home” defined.
449A.005
“Agency to provide personal care services in the home” defined.
449A.007
“Board” defined.
449A.009
“Community-based living arrangement services” defined.
449A.011
“Community health worker” defined.
449A.013
“Community health worker pool” defined.
449A.015
“Community triage center” defined.
449A.017
“Division” defined.
449A.019
“Facility for hospice care” defined.
449A.021
“Facility for intermediate care” defined.
449A.023
“Facility for modified medical detoxification” defined.
449A.025
“Facility for refractive surgery” defined.
449A.027
“Facility for skilled nursing” defined.
449A.029
“Facility for the care of adults during the day” defined.
449A.031
“Facility for the dependent” defined.
449A.033
“Facility for the treatment of abuse of alcohol or drugs” defined.
449A.035
“Facility for the treatment of irreversible renal disease” defined.
449A.037
“Facility for transitional living for released offenders” defined.
449A.039
“Halfway house for recovering alcohol and drug abusers” defined.
449A.041
“Home for individual residential care” defined.
449A.043
“Hospice care” defined.
449A.045
“Hospital” defined.
449A.047
“Independent center for emergency medical care” defined.
449A.050
“Medical facility” defined.
449A.052
“Mobile unit” defined.
449A.054
“Nursing pool” defined.
449A.056
“Obstetric center” defined.
449A.058
“Palliative services” defined.
449A.060
“Peer support recovery organization” defined.
449A.062
“Peer support services” defined.
449A.064
“Provider of health care” defined.
449A.066
“Provider of supported living arrangement services” defined.
449A.068
“Psychiatric hospital” defined.
449A.071
“Registered nurse” defined.
449A.073
“Residential facility for groups” defined.
449A.075
“Rural clinic” defined.
449A.077
“Supported living arrangement services” defined.
449A.079
“Surgical center for ambulatory patients” defined.
449A.081
“Terminally ill” defined.
449A.100
Facility to provide necessary services or arrange for transfer of patient; explanation of need for transfer and alternatives available.
449A.103
Facility to forward medical records upon certain transfers of patient.
449A.106
Specific rights: Information concerning facility; treatment; billing; visitation.
449A.109
Specific rights: Designation of persons authorized to visit patient in facility.
449A.112
Specific rights: Care; refusal of treatment and experimentation; privacy; notice of appointments and need for care; confidentiality of information concerning patient.
449A.115
Owner and administrator of certain facility prohibited from receiving certain money or property from resident or former resident; exception.
449A.118
Patient to be informed of rights upon admission to facility; required disclosures and notices.
449A.121
Procedure to insert implant in breast of patient: Informed consent required; withdrawal of consent; penalty.
449A.124
Procedure to insert implant in breast of patient: Contents of explanation form and consent form; fee for forms.
449A.150
Definitions.
449A.153
“Hospital care” defined.
449A.156
“Responsible party” defined.
449A.159
Limitations on efforts of hospitals to collect; date for accrual of interest; rate of interest; limitations on additional fees.
449A.162
Limitations on efforts of hospital to collect when hospital has contractual agreement with third party that provides health coverage for care provided; return to patient of any excess amount collected; exception.
449A.165
Manner of collection.
449A.200
Definitions.
449A.203
“Aversive intervention” defined.
449A.206
“Chemical restraint” defined.
449A.209
“Corporal punishment” defined.
449A.212
“Electric shock” defined.
449A.215
“Emergency” defined.
449A.218
“Facility” defined.
449A.221
“Mechanical restraint” defined.
449A.224
“Person with a disability” defined.
449A.227
“Physical restraint” defined.
449A.230
“Verbal and mental abuse” defined.
449A.233
Aversive intervention: Prohibition on use.
449A.236
Forms of restraint: Restrictions on use.
449A.239
Physical restraint: Permissible use; report of use in emergency.
449A.242
Mechanical restraint: Permissible use; report of use in emergency.
449A.245
Chemical restraint: Permissible use; report of use.
449A.248
Authorized use of certain forms of restraint by certain facilities.
449A.251
Education and training of members of staff of facility.
449A.254
Violations: Criminal penalties; ineligibility for employment; disciplinary action.
449A.257
Violations: Report required; development and review of and compliance with corrective plan.
449A.260
Prohibition on retaliation against person for reporting or providing information regarding violation.
449A.263
Entry of denial of rights in patient’s record; notice and report of denial; action by Division.
449A.300
Definitions.
449A.303
“Aftercare” defined.
449A.306
“Caregiver” defined.
449A.309
“Representative of the patient” defined.
449A.312
Designation of caregiver for a patient, removal of designation and designation of new caregiver under certain circumstances; designation does not establish obligation to patient.
449A.315
Hospital to provide opportunity to designate caregiver for patient before discharge or when patient regains competence.
449A.318
Hospital to record designation or change of caregiver and request consent to release medical information to caregiver if required; hospital to record declination to designate caregiver.
449A.321
Hospital to attempt to notify caregiver before planned discharge or transfer of patient.
449A.324
Hospital to attempt to provide caregiver with discharge plan; contents of discharge plan; hospital to attempt to consult with caregiver regarding aftercare.
449A.327
Hospital to document certain actions and instructions in medical record of patient; hospital to proceed with planned discharge or transfer of patient if unable to reach caregiver.
449A.330
Hospital and employees and contractors of hospital not liable for aftercare provided improperly or not provided by caregiver.
449A.400
Short title; uniformity of application and construction.
449A.403
Definitions.
449A.406
“Advanced practice registered nurse” defined.
449A.409
“Attending advanced practice registered nurse” defined.
449A.412
“Attending physician” defined.
449A.415
“Declaration” defined.
449A.418
“Life-sustaining treatment” defined.
449A.421
“Person” defined.
449A.424
“Provider of health care” defined.
449A.427
“Qualified patient” defined.
449A.430
“Terminal condition” defined.
449A.433
Declaration relating to use of life-sustaining treatment.
449A.436
Form of declaration directing physician or advanced practice registered nurse to withhold or withdraw life-sustaining treatment.
449A.439
Form of declaration designating another person to decide to withhold or withdraw life-sustaining treatment.
449A.442
Time declaration becomes operative; duty of providers of health care.
449A.445
Revocation of declaration; entry of revocation in medical records of declarant.
449A.448
Recording determination of terminal condition and declaration.
449A.451
Treatment of qualified patients; withholding or withdrawal of artificial nutrition and hydration; treatment of pregnant patient.
449A.454
Written consent to withhold or withdraw life-sustaining treatment.
449A.457
Transfer of care of declarant.
449A.460
Immunity from civil and criminal liability and discipline for unprofessional conduct.
449A.463
Consideration of declaration and other factors; failure to follow directions of patient.
449A.466
Assumption of validity of declaration; presumption of intent to use, withhold or withdraw life-sustaining treatment not created.
449A.469
Death does not constitute suicide or homicide; effect of declaration on policy of insurance; prohibiting or requiring execution of declaration prohibited as condition for insurance or receipt of health care.
449A.472
Penalties.
449A.475
Actions contrary to reasonable medical standards not required; mercy-killing, assisted suicide or euthanasia not authorized.
449A.478
Other right or responsibility regarding use of life-sustaining treatment or withholding or withdrawal of medical care not limited.
449A.481
Validity of declaration executed in another state; effect of previously executed instrument.
449A.500
Definitions.
449A.503
“Advanced practice registered nurse” defined.
449A.506
“Attending advanced practice registered nurse” defined.
449A.509
“Attending physician” defined.
449A.512
“Attending physician assistant” defined.
449A.515
“Do-not-resuscitate identification” defined.
449A.518
“Do-not-resuscitate order” defined.
449A.521
“Emergency care” defined.
449A.524
“Health care facility” defined.
449A.527
“Life-resuscitating treatment” defined.
449A.530
“Life-sustaining treatment” defined.
449A.533
“Other types of advance directives” defined.
449A.536
“Physician assistant” defined.
449A.539
“Provider of health care” defined.
449A.542
“Provider Order for Life-Sustaining Treatment form” or “POLST form” defined.
449A.545
“Representative of the patient” defined.
449A.548
Board to prescribe standardized POLST form; requirements.
449A.551
Explanation of POLST form to patient; completion of form; validity of form; actions authorized for patient who regains capacity.
449A.554
Revocation of POLST form; entry of revocation in medical records of patient.
449A.557
Conflict with other advance directive or do-not-resuscitate identification.
449A.560
Immunity from civil and criminal liability and from discipline for unprofessional conduct.
449A.563
Provider of health care required to comply with valid POLST form; modification by provider; transfer of care of patient; exceptions.
449A.566
Assumption of validity of POLST form; presumption of intent of patient not created if patient has revoked or not executed POLST form.
449A.569
Death does not constitute suicide or homicide; effect of POLST form on policy of insurance; prohibiting or requiring execution of POLST form prohibited as condition for insurance or receipt of health care.
449A.572
Unlawful acts; penalty.
449A.575
Actions contrary to reasonable medical standards not required; mercy-killing, euthanasia or assisted suicide not authorized; rights associated with other advance directives not impaired; right to make decisions concerning emergency care or life-sustaining treatment not affected.
449A.578
Validity of POLST form executed in another state.
449A.581
Regulations.
449A.600
Definitions.
449A.603
“Advance directive for psychiatric care” or “advance directive” defined.
449A.606
“Attending physician” defined.
449A.609
“Principal” defined.
449A.612
“Provider of health care” defined.
449A.615
“Psychiatric care” defined.
449A.618
Execution of advance directive; period of effectiveness.
449A.621
Form.
449A.624
Requirements for advance directive to become operative; effect.
449A.627
No presumption concerning intention of person without advance directive.
449A.630
Provider to make advance directive part of principal’s medical record.
449A.633
Revocation.
449A.636
Provider to comply with advance directive; exceptions.
449A.639
Transfer of care of principal.
449A.642
Provider to inquire whether person has advance directive for psychiatric care; immunity from liability for certain actions relating to advance directive.
449A.645
Validity of advance directive executed in another state or instrument executed before May 26, 2017.
449A.700
Definitions.
449A.703
“Advance directive” defined.
449A.706
“Registrant” defined.
449A.709
“Registry” defined.
449A.712
Establishment and maintenance; information to be included in Registry.
449A.715
Registration of advance directive: Requirements; duties of Secretary of State.
449A.718
Access to advance directive.
449A.721
Removal of advance directive of deceased registrant.
449A.724
Secretary of State not required to determine accuracy of contents of advance directive or validity of advance directive; effect of registration, failure to register and failure to notify Secretary of State of revocation of advance directive.
449A.727
Provider of health care not required to inquire whether patient has registered advance directive or access Registry; immunity of provider of health care from criminal and civil liability.
449A.730
Immunity of Secretary of State and deputies, employees and attorneys of Secretary of State.
449A.733
Suspension of components of Registry and duties of Secretary of State if sufficient money not available; fees authorized; acceptance of gifts and grants.
449A.736
Deposit, accounting and use of money received; interest and income earned on money received; payment of claims.
449A.739
Regulations.