{"data":{"id":"us-ok/okla.-stat.-tit.-63-63-1-1918","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 63, § 63-1-1918","heading":"Rights and responsibilities - Violations - Penalties","body":"A. All principles enumerated in this section shall be posted in\n\na conspicuous, easily accessible location in each facility. Each\n\nresident and personally appointed representative of the resident, if\n\nany, shall be verbally advised and provided a written copy of such\n\nprinciples prior to or upon admission to the facility. The facility\n\nshall ensure that its staff is familiar with and observes the rights\n\nand responsibilities enumerated in this section. The facility shall\n\nmake available to each resident, upon reasonable request, a current\n\nwritten statement of such rights and responsibilities.\n\nB. A statement of rights and responsibilities shall include,\n\nbut not be limited to, the following:\n\n1. Every resident's civil and religious liberties, including\n\nthe right to independent personal decisions and knowledge of\n\navailable choices, shall not be infringed upon and the facility\n\nshall encourage and assist in the exercise of these rights;\n\n2. Every resident shall have the right to have private\n\ncommunications, including telephonic communications and visits and\n\nconsultations with a physician or an attorney, and meetings of\n\nfamily and resident groups or any other person or persons of the\n\nresident's choice, and may send and promptly receive, unopened, the\n\nresident's personal mail;\n\n3. a. Every resident shall have the right, without fear of\n\nreprisal or discrimination, to:\n\n(1) present grievances with respect to treatment or\n\ncare that is or fails to be furnished on behalf\n\nof the resident or others to:\n\n(a) the facility's staff,\n\n(b) the facility's administrator,\n\n(c) the facility's attending physician,\n\n(d) the resident's personal physician, if any,\n\n(e) governmental officials, or\n\n(f) any other person, and\n\n(2) organize or to join with other residents or\n\nindividuals within or outside of the facility to\n\nwork for improvements in resident care.\n\nb. The family of a resident shall have the right to meet\n\nin the facility with other residents' families.\n\nc. Every resident shall have the right to prompt efforts\n\nby the facility to resolve grievances the resident may\n\nhave, including those with respect to the behavior of\n\nother residents;\n\n4. Every resident shall have the right to manage such\n\nresident's own financial affairs, unless the resident delegates the\n\nresponsibility, in writing, to the facility. The resident shall\n\nhave at least a quarterly accounting of any personal financial\n\ntransactions undertaken in the resident's behalf by the facility\n\nduring any period of time the resident has delegated such\n\nresponsibilities to the facility;\n\n5. Every resident shall have the right to receive adequate and\n\nappropriate medical care consistent with established and recognized\n\nmedical practice standards within the community. Every resident,\n\nunless adjudged to be mentally incapacitated, shall be fully\n\ninformed by the resident's attending physician of the resident's\n\nmedical condition and advised in advance of proposed treatment or\n\nchanges in treatment in terms and language that the resident can\n\nunderstand, unless medically contraindicated, and to participate in\n\nthe planning of care and treatment or changes in care and treatment.\n\nEvery resident shall have the right to refuse medication and\n\ntreatment after being fully informed of and understanding the\n\nconsequences of such actions unless adjudged to be mentally\n\nincapacitated;\n\n6. Every resident shall receive respect and privacy in the\n\nmedical care program of the resident. Case discussion,\n\nconsultation, examination and treatment shall remain confidential\n\nand shall be conducted discreetly. Personal and medical records\n\nshall be confidential, and shall include such documentation or\n\ninformation so as to alert a health care provider or an emergency\n\nmedical care facility of the existence of a directive to physicians\n\nor a living will;\n\n7. Every resident shall have the right to reside and to receive\nexamination and treatment shall remain confidential\n\nand shall be conducted discreetly. Personal and medical records\n\nshall be confidential, and shall include such documentation or\n\ninformation so as to alert a health care provider or an emergency\n\nmedical care facility of the existence of a directive to physicians\n\nor a living will;\n\n7. Every resident shall have the right to reside and to receive\n\nservices with reasonable accommodation of individual needs and\n\npreferences, except where the health or safety of the individual or\n\nother residents would be endangered;\n\n8. a. Every resident shall be informed by the facility, at\n\nthe time of admission, of the facility's policy\n\nregarding the provision of hospice services. The\n\nfacility's policy shall:\n\n(1) specify whether the facility provides hospice\n\nservices, either directly or through contractual\n\narrangements with other hospice providers,\n\n(2) specify whether the facility permits hospice\n\nservices to be provided in the facility by any\n\nother hospice services or only by hospice\n\nservices contracted by the facility,\n\n(3) provide that each resident shall receive a list\n\nof hospice services with which the facility\n\ncontracts, and\n\n(4) provide for complete disclosure to the resident\n\nof the facility's relationship with any hospice\n\nservice that is the result of ownership or an\n\nownership interest of five percent (5%) or more.\n\nb. If the facility provides hospice services through\n\ncontractual arrangements with hospice providers but\n\ndoes not contract with at least three entities\n\nproviding hospice services within a fifty-mile radius\n\nof the facility, it shall, upon the request of a\n\ncurrent facility resident, contract with additional\n\nhospice providers within a fifty-mile radius of the\n\nfacility as necessary to provide the resident with a\n\nchoice of three providers. This requirement shall\n\ncease to exist when the requesting resident is no\n\nlonger living in the facility.\n\nc. A facility shall, at the point that a resident\n\nrequires hospice services, again inform the resident\n\nor the personally appointed representative of the\n\nresident, if any, verbally and in writing of the\n\nresident's right to hospice services pursuant to the\n\nfacility's policy at the time of the resident's\n\nadmission;\n\n9. Every resident shall have the right to receive notice before\n\nthe room or roommate of the resident in the facility is changed and\n\nif the resident has a telephone in his or her room, the resident\n\nmust be informed of any charges to be incurred when moving;\n\n10. Every resident shall have the right to retain and use\n\npersonal clothing and possessions, unless medically contraindicated,\n\nand shall have the right to security in the storage and use of such\n\nclothing and possessions;\n\n11. Every resident shall have the right to receive courteous\n\nand respectful care and treatment and a written statement of the\n\nservices provided by the facility, including those required to be\n\noffered on an as-needed basis, and a statement of related charges,\n\nincluding any costs for services not covered under Medicare or\n\nMedicaid, or not covered by the facility's basic per diem rate;\n\n12. Every resident shall be free from mental and physical abuse\n\nand neglect, as such terms are defined in Section 10-103 of Title\n\n43A of the Oklahoma Statutes, corporal punishment, involuntary\n\nseclusion, and from any physical and chemical restraints imposed for\n\npurposes of discipline or convenience and not required to treat the\n\nresident's medical symptoms, except those restraints authorized in\n\nwriting by a physician for a specified period of time or as are\n\nnecessitated by an emergency where the restraint may only be applied\n\nby a physician, qualified licensed nurse or other personnel under\n\nthe supervision of the physician who shall set forth in writing the\n\ncircumstances requiring the use of restraint. Use of a chemical or\nent's medical symptoms, except those restraints authorized in\n\nwriting by a physician for a specified period of time or as are\n\nnecessitated by an emergency where the restraint may only be applied\n\nby a physician, qualified licensed nurse or other personnel under\n\nthe supervision of the physician who shall set forth in writing the\n\ncircumstances requiring the use of restraint. Use of a chemical or\n\nphysical restraint shall require the consultation of a physician\n\nwithin twenty-four (24) hours of such emergency;\n\n13. Every resident shall receive a statement of the facility's\n\nregulations and an explanation of the resident's responsibility to\n\nobey all reasonable regulations of the facility and to respect the\n\npersonal rights and private property of the other residents;\n\n14. Every resident shall receive a statement that, should they\n\nbe adjudicated incompetent and have no ability to be restored to\n\nlegal capacity, the above rights and responsibilities shall be\n\nexercised by a court-appointed representative;\n\n15. No resident shall be required to perform services for a\n\nfacility;\n\n16. Every resident shall have privacy for spousal visits.\n\nEvery resident may share a room with the resident's spouse, if the\n\nspouse is residing in the same facility;\n\n17. When a physician indicates it is appropriate, a facility\n\nshall immediately notify the resident's next of kin, or\n\nrepresentative of the resident's death or when the resident's death\n\nappears to be imminent;\n\n18. Every resident shall have the right to participate in\n\nsocial, religious, and community activities that do not interfere\n\nwith the rights of other residents in the facility; and\n\n19. Every resident shall have the right to examine, upon\n\nreasonable request, the results of the most recent survey of the\n\nfacility conducted by the State Department of Health with respect to\n\nthe facility and any plan of correction in effect with respect to\n\nthe facility.\n\nC. No licensed facility shall deny appropriate care on the\n\nbasis of the resident's source of payment as defined in the\n\nregulations. Appropriate care shall not include duplication of\n\nservices by a nursing home, hospice, or any combination of care\n\nproviders.\n\nD. Each facility shall prepare a written plan and provide\n\nappropriate staff training to implement each resident's rights as\n\nstated in this section.\n\nE. Any person convicted of violating any provisions of this\n\nsection shall be guilty of a misdemeanor, punishable by a fine of\n\nnot less than One Hundred Dollars ($100.00), nor more than Three\n\nHundred Dollars ($300.00), or imprisonment in the county jail for\n\nnot more than thirty (30) days, or by both such fine and\n\nimprisonment.\n\nF. In addition to the penalties provided in this section, an\n\naction may be brought against an individual by any resident who is\n\ninjured by any violation of this section, or who shall suffer injury\n\nfrom any person whose threats would cause a violation of this\n\nsection if carried through, may maintain an action to prevent,\n\nrestrain or enjoin a violation or threatened violation. If a\n\nviolation or threatened violation of this section shall be\n\nestablished in any action, the court shall enjoin and restrain or\n\notherwise prohibit the violation or threatened violation and assess\n\nin favor of the plaintiff and against the defendant the cost of the\n\nsuit. If damages are alleged and proved in the action, the\n\nplaintiff shall be entitled to recover from the defendant the actual\n\ndamages sustained by the plaintiff. If it is proved in an action\n\nthat the defendant's conduct was willful or in reckless disregard of\n\nthe rights provided by this section, punitive damages may be\n\nassessed.\n\nG. Any employee of a state agency that inspects any nursing\n\nfacility or special facility shall report any flagrant violations of\nf shall be entitled to recover from the defendant the actual\n\ndamages sustained by the plaintiff. If it is proved in an action\n\nthat the defendant's conduct was willful or in reckless disregard of\n\nthe rights provided by this section, punitive damages may be\n\nassessed.\n\nG. Any employee of a state agency that inspects any nursing\n\nfacility or special facility shall report any flagrant violations of\n\nthis act or any other statute to the administrative head of the\n\nstate agency, who shall immediately take whatever steps are\n\nnecessary to correct the situation including, when appropriate,\n\nreporting the violation to the district attorney of the county in\n\nwhich the violation occurred.\n\nH. Upon the death of a resident who has no sources of payment\n\nfor funeral services, the facility shall immediately notify\n\nappropriate county officials who shall be responsible for funeral\n\nand burial procedures of the deceased in the same manner as with any\n\nindigent resident of the county.","path":["OK Code","Title 63"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os63.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"62470fbf42c54fe554c898a49def42251f4da488c4d5ee09409c285761b59c4a","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-63-63-1-1917","next":"us-ok/okla.-stat.-tit.-63-63-1-1918.1"},"notice":"GroundRules: Original legal text. Not legal advice."}