(a) The Office of Long-Term Care shall prescribe through rule or regulation the establishment of a residents' council within each long-term care facility. The residents' council's duties shall include, but need not be limited to:

(1) Review of procedures of the facility for implementation of resident's rights;

(2) Making recommendations for changes or additions in the facility's policies and procedures, including programming;

(3) Representing residents in their complaints to the office or any other person or agency; and

(4) Assisting in early identification of problems and orderly resolution of problems.

(b)

(1) The facility administrator shall designate a staff coordinator and designate space within the facility for the residents' council.

(2) The staff coordinator shall assist the residents' council in scheduling regular meetings and preparing written reports of meetings for dissemination to all residents of the facility.

(3) The staff coordinator may be excluded from any meeting of the residents' council.

(c) The office shall prescribe rules or regulations which encourage the establishment of family councils for residents' families to meet in the facility with the families of other residents. The office shall require each facility to inform residents' families of their right to establish a family council within the facility.

(d)

(1) Failure to comply with the requirement of establishment and operation of a residents' council as prescribed by the office shall be considered a Class C violation under § 20-10-205 for which civil penalties set forth in § 20-10-206 may be imposed.

(2) Any appeal shall be under the procedure set forth in § 20-10-208.