1. 
   (1) The REH shall have an obligation to protect and promote the rights of each patient and shall be governed by the Board's Rules for Hospitals, Chapter 420-5-7, Ala. Admin. Code, with the exception of the training requirements for restraint and seclusion, and the additional requirements set forth herein.

2. (2) An REH must have written policies and procedures regarding the visitation rights of patients, including those setting forth any clinically necessary or reasonable restriction or limitation that the REH may need to place on such rights and the reasons for the clinical restriction or limitation. An REH must meet the following requirements:

   1. (a) Inform each patient (or support person, where appropriate) of their visitation rights, including any clinical restriction or limitation on such rights, when they are informed of their other rights under this section.
   2. (b) Inform each patient (or support person, where appropriate) of the right, subject to their consent, to receive the visitors whom they designate, including, but not limited to, a spouse, a domestic partner (including a same-sex domestic partner), another family member, or a friend, and their right to withdraw or deny such consent at any time.
   3. (c) Not restrict, limit, or otherwise deny visitation privileges on the basis of race, color, national origin, religion, sex, gender identity, sexual orientation, or disability.
   4. (d) Ensure that all visitors enjoy full and equal visitation privileges consistent with patient preferences.

3. (3) The patient has the right to safe implementation of restraint or seclusion by trained staff.

   1. (a) The REH must provide patient-centered competency-based training and education of REH personnel and staff, including medical staff, and, as applicable, personnel providing contracted services in the REH, on the use of restraint and seclusion.
   2. (b) The training must include alternatives to the use of restraint/seclusion.
4. (4) REHs must report deaths associated with the use of seclusion or restraint to CMS as required.

Author: Dana H. Billingsley

Statutory Authority: Code of Ala. 1975, §§22-21-20, et seq.

History: New Rule: Published August 31, 2023; effective October 15, 2023.