§334E-2  Rights of in-patients.  (a) Any patient in a psychiatric facility shall be afforded rights; and anypsychiatric facility shall provide the rights to all patients; provided thatwhen a patient is not able to exercise the patient’s rights, the patient’slegal guardian or legal representative shall have the authority to exercise thesame on behalf of the patient.  The rights shall include, but not be limitedto, the following:

(1)  Access to written rules and regulations withwhich the patient is expected to comply;

(2)  Access to the facility’s grievance procedure orto the department of health as provided in section 334-3;

(3)  Freedom from reprisal;

(4)  Privacy, respect, and personal dignity;

(5)  A humane environment;

(6)  Freedom from discriminatory treatment based onrace, color, creed, national origin, age, and sex;

(7)  A written treatment plan based on the individualpatient;

(8)  Participation in the planning of the patient’streatment plan;

(9)  Refusal of treatment except in emergency situationsor where a court order exists;

(10)  Refusal to participate in experimentation;

(11)  The choice of physician if the physician chosenagrees;

(12)  A qualified, competent staff;

(13)  A medical examination before initiation ofnon-emergency treatment;

(14)  Confidentiality of the patient’s records;

(15)  Access to the patient’s records;

(16)  Knowledge of rights withheld or removed by acourt or by law;

(17)  Physical exercise and recreation;

(18)  Adequate diet;

(19)  Knowledge of the names and titles of staffmembers with whom the patient has frequent contact;

(20)  The right to work at the facility and faircompensation for work done; provided that work is available and is part of thepatient’s treatment plan;

(21)  Visitation rights, unless the patient poses adanger to self or others; provided that where visitation is prohibited, thelegal guardian or legal representative shall be allowed to visit the patientupon request;

(22)  Uncensored communication;

(23)  Notice of and reasons for an impending transfer;

(24)  Freedom from seclusion or restraint, except:

(A)  When necessary to prevent injury to selfor others; or

(B)  When part of the treatment plan; or

(C)  When necessary to preserve the rights ofother patients or staff;

(25)  Disclosure to a court, at an involuntary civilcommitment hearing, of all treatment procedures which have been administeredprior to the hearing;

(26)  Receipt by the patient and the patient’s guardianor legal guardian, if the patient has one, of this enunciation of rights at thetime of admission.

(b)  All the rights of in-patients are to bequalified by reasonableness in view of the circumstances.

(c)  The department of health shall investigateany complaints brought to them concerning this section, except as provided insubsection (d).  The department shall report in writing its findings andrecommendation to the originator of the complaint, no later than thirty daysfrom the date the complaint is submitted.

(d)  The office of the ombudsman shall beresponsible for all investigations of complaints against any public psychiatricfacility, as provided under chapter 96. [L 1980, c 272, pt of §1; am L 1982, c200, §1; gen ch 1985]