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



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



(2)  Access to the facility’s grievance procedure or
to 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 on
race, color, creed, national origin, age, and sex;



(7)  A written treatment plan based on the individual
patient;



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



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



(10)  Refusal to participate in experimentation;



(11)  The choice of physician if the physician chosen
agrees;



(12)  A qualified, competent staff;



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



(14)  Confidentiality of the patient’s records;



(15)  Access to the patient’s records;



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



(17)  Physical exercise and recreation;



(18)  Adequate diet;



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



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



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



(B)  When part of the treatment plan; or



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



(25)  Disclosure to a court, at an involuntary civil
commitment hearing, of all treatment procedures which have been administered
prior to the hearing;



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



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



(c)  The department of health shall investigate
any complaints brought to them concerning this section, except as provided in
subsection (d).  The department shall report in writing its findings and
recommendation to the originator of the complaint, no later than thirty days
from the date the complaint is submitted.



(d)  The office of the ombudsman shall be
responsible for all investigations of complaints against any public psychiatric
facility, as provided under chapter 96. [L 1980, c 272, pt of §1; am L 1982, c
200, §1; gen ch 1985]