36-507. Patient's rights to privacy and to
personal possessions
Every person undergoing evaluation or treatment pursuant to this chapter:
1. Has the right not to be fingerprinted.
2. Has the right not to be photographed without consent of the person and the
person's attorney or guardian, except that the person may be photographed upon admission
to an agency for identification and administrative purposes of the agency. All
photographs shall be confidential and shall not be released by the agency except pursuant
to court order.
3. Has the right to examine the written treatment program and the medical record,
unless the attending physician or the physician's designee who is a health professional
as defined in section 32-3201 determines that such an examination is contraindicated or
the requirements of section 12-2293, subsection B are met. If the attending physician or
the physician's designee denies such an examination, this determination shall be noted in
the patient's medical record.
4. Has access to individual storage space for his private use while undergoing
evaluation or treatment.
5. May wear the person's own clothing, keep and use the person's own personal
possessions including toilet articles and to keep and be allowed to spend a reasonable
sum of the person's own money for the person's own needs and comfort. Notwithstanding
section 36-516, the director of the agency may deny the patient's rights under this
paragraph if necessary to protect the safety of the patient or others. The denial shall
be based on a written determination and entered into the patient's clinical record and
that information shall be made available on request to the person or the person's
attorney or guardian.
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