Sec. 10.26.03.06. Records, Confidentiality, and Informed Consent

A licensee shall:

A. Respect and maintain the privacy and confidentiality of the patient;

B. Disclose the patient's record or information about the patient only with the patient's consent or as required by law;

C. Adequately safeguard confidential patient information, including storage and disposal of records;

D. Provide sufficient information to a patient to allow the patient to make an informed decision regarding treatment, including:

(1) The purpose and nature of an evaluation or treatment regimen,

(2) Alternatives to treatment,

(3) Side effects and benefits of a treatment regimen proposed and alternatives to that treatment,

(4) The estimated cost of treatment and alternatives to treatment,

(5) The right of the patient to withdraw from treatment at any time, including the risks associated with withdrawing from treatment, and

(6) The patient's right to decline to participate in treatment if an aspect of the treatment will be recorded, documented, photographed, observed, or otherwise used in an educational program;

E. Obtain the full informed consent of a patient participating in a human research program, without a direct or implied penalty for the patient's refusal to participate in the program, and with due regard for the patient's autonomy and dignity;

F. Comply with applicable federal and State laws for human research programs;

G. Effective January 1, 2006, maintain all patients' records in English; and

H. If requested by the Board, effective January 1, 2006, provide an English language translation of the records by a Board approved translator, at the licensee's expense.