§ 40.1-5-5 Admission of patients generally– Rights of patients – Patients' records – Competence ofpatients. – (a) Admissions. Any person who is in need of care and treatment in afacility, as herein defined, may be admitted or certified, received, andretained as a patient in a facility by complying with any one of the followingadmission procedures applicable to the case:
(1) Voluntary admission.
(2) Emergency certification.
(3) Civil court certification.
(b) Forms. The director shall prescribe and furnishforms for use in admissions and patient notification procedures under thischapter.
(c) Exclusions. No defective delinquent, mentallyretarded person, or person under the influence of alcohol or drugs shall becertified to a facility, as herein defined, solely by reason of that condition,unless the person also qualified for admission or certification under theprovisions of this chapter.
(d) Examining physician. For purposes ofcertification, no examining physician shall be related by blood or marriage tothe person who is applying for the admission of another, or to the person whois the subject of the application; nor shall he or she have any interest,contractually, testamentary, or otherwise (other than reasonable and propercharges for professional services rendered), in or against the estate or assetsof the person who is the subject of the application; nor shall he or she be amanager, trustee, visitor, proprietor, officer, stockholder, or have anypecuniary interest, directly or indirectly, or, except as otherwise hereinexpressly provided, be a director, resident physician, or salaried physician,or employee in any facility to which it is proposed to admit the person.
(e) Certificates. Certificates, as required by thischapter, must provide a factual description of the person's behavior whichindicates that the person concerned is mentally disabled, creates a likelihoodof serious harm, and is in need of care and treatment in a facility as definedin this chapter. They shall further set forth such other findings as may berequired by the particular certification procedure used. Certificates shallalso show that an examination of the person concerned was made within five (5)days prior to the date of admission or certification, unless otherwise hereinprovided. The date of the certificate shall be the date of the commencement ofthe examination, and in the event examinations are conducted separately or overa period of days, then the five (5) day period above referred to (unlessotherwise expressly provided) shall be measured from the date of thecommencement of the first examination. All certificates shall contain theobservations upon which judgments are based, and shall contain such otherinformation as the director may by rule or regulation require.
(f) Rights of patients. No patient admitted orcertified to any facility under any provision of this chapter shall be deprivedof any constitutional, civil or legal right, solely by reason of such admissionor certification nor shall the certification or admission modify or vary anyconstitutional or civil right, including, but not limited to, the right orrights:
(1) To privacy and dignity;
(2) To civil service or merit rating or ranking andappointment;
(3) Relating to the granting, forfeiture or denial of alicense, permit, privilege or benefit pursuant to any law;
(4) To religious freedom;
(5) To be visited privately at all reasonable times by his orher personal physician, attorney, and clergyperson, and by other persons at allreasonable times unless the official in charge of the facility determineseither that a visit by any of the other persons or a particular visitation timewould not be in the best interests of the patient and he or she incorporates astatement for any denial of visiting rights in the individualized treatmentrecord of the patient;
(6) To be provided with stationery, writing materials, andpostage in reasonable amounts and to have free unrestricted, unopened, anduncensored use of the mails for letters;
(7) To wear one's own clothes, keep and use personalpossessions, including toilet articles, to keep and be allowed to spend areasonable sum of money for canteen expenses and small purchases, to haveaccess to individual storage space for his or her private use, and reasonableaccess to telephones to make and receive confidential calls; provided, however,that any of these rights may be denied for good cause by the official in chargeof a facility or a physician designated by him or her. A statement of thereasons for any denial shall be entered in the individualized treatment recordof the patient;
(8) To seek independent psychiatric examination and opinionfrom a psychiatrist or mental health professional of his or her choice;
(9) To be employed at a gainful occupation insofar as thepatient's condition permits, provided however, that no patient shall berequired to perform labor;
(10) To vote and participate in political activity;
(11) To receive and read literature;
(12) To have the least possible restraint imposed upon theperson consistent with affording him or her the care and treatment necessaryand appropriate to his or her condition;
(13) To have access to the mental health advocate uponrequest;
(14) To prevent release of his or her name to the advocate ornext of kin by signing a form provided to all patients for that purpose at thetime of admission.
(g) Records. A facility shall maintain for eachpatient admitted pursuant to this chapter, a comprehensive medical record. Therecord shall contain a recorded individualized treatment plan, which shall atleast monthly be reviewed by the physician of the facility who is chieflyresponsible for the patient's care, notations of the reviews to be entered inthe record. The records shall also contain information indicating at the timeof admission or certification what alternatives to admission or certificationare available to the patient, what alternatives have been investigated, and whythe investigated alternatives were not deemed suitable. The medical recordshall further contain such other information as the director may by rule orregulation require.
(h) Competence. A person shall not, solely by reasonof his or her admission or certification to a facility for examination or careand treatment under the provisions of this chapter thereby be deemedincompetent to manage his or her affairs, to contract, to hold, or seek aprofessional, occupational, or vehicle operator's license, to make a will, orfor any other purpose. Neither shall any requirement be made, by rule,regulation, or otherwise, as a condition to admission and retention, that anyperson applying for admission shall have the legal capacity to contract, itbeing sufficient for the purpose, that the person understand the nature andconsequence of making the application.
§ 40.1-5-5 Admission of patients generally– Rights of patients – Patients' records – Competence ofpatients. – (a) Admissions. Any person who is in need of care and treatment in afacility, as herein defined, may be admitted or certified, received, andretained as a patient in a facility by complying with any one of the followingadmission procedures applicable to the case:
(1) Voluntary admission.
(2) Emergency certification.
(3) Civil court certification.
(b) Forms. The director shall prescribe and furnishforms for use in admissions and patient notification procedures under thischapter.
(c) Exclusions. No defective delinquent, mentallyretarded person, or person under the influence of alcohol or drugs shall becertified to a facility, as herein defined, solely by reason of that condition,unless the person also qualified for admission or certification under theprovisions of this chapter.
(d) Examining physician. For purposes ofcertification, no examining physician shall be related by blood or marriage tothe person who is applying for the admission of another, or to the person whois the subject of the application; nor shall he or she have any interest,contractually, testamentary, or otherwise (other than reasonable and propercharges for professional services rendered), in or against the estate or assetsof the person who is the subject of the application; nor shall he or she be amanager, trustee, visitor, proprietor, officer, stockholder, or have anypecuniary interest, directly or indirectly, or, except as otherwise hereinexpressly provided, be a director, resident physician, or salaried physician,or employee in any facility to which it is proposed to admit the person.
(e) Certificates. Certificates, as required by thischapter, must provide a factual description of the person's behavior whichindicates that the person concerned is mentally disabled, creates a likelihoodof serious harm, and is in need of care and treatment in a facility as definedin this chapter. They shall further set forth such other findings as may berequired by the particular certification procedure used. Certificates shallalso show that an examination of the person concerned was made within five (5)days prior to the date of admission or certification, unless otherwise hereinprovided. The date of the certificate shall be the date of the commencement ofthe examination, and in the event examinations are conducted separately or overa period of days, then the five (5) day period above referred to (unlessotherwise expressly provided) shall be measured from the date of thecommencement of the first examination. All certificates shall contain theobservations upon which judgments are based, and shall contain such otherinformation as the director may by rule or regulation require.
(f) Rights of patients. No patient admitted orcertified to any facility under any provision of this chapter shall be deprivedof any constitutional, civil or legal right, solely by reason of such admissionor certification nor shall the certification or admission modify or vary anyconstitutional or civil right, including, but not limited to, the right orrights:
(1) To privacy and dignity;
(2) To civil service or merit rating or ranking andappointment;
(3) Relating to the granting, forfeiture or denial of alicense, permit, privilege or benefit pursuant to any law;
(4) To religious freedom;
(5) To be visited privately at all reasonable times by his orher personal physician, attorney, and clergyperson, and by other persons at allreasonable times unless the official in charge of the facility determineseither that a visit by any of the other persons or a particular visitation timewould not be in the best interests of the patient and he or she incorporates astatement for any denial of visiting rights in the individualized treatmentrecord of the patient;
(6) To be provided with stationery, writing materials, andpostage in reasonable amounts and to have free unrestricted, unopened, anduncensored use of the mails for letters;
(7) To wear one's own clothes, keep and use personalpossessions, including toilet articles, to keep and be allowed to spend areasonable sum of money for canteen expenses and small purchases, to haveaccess to individual storage space for his or her private use, and reasonableaccess to telephones to make and receive confidential calls; provided, however,that any of these rights may be denied for good cause by the official in chargeof a facility or a physician designated by him or her. A statement of thereasons for any denial shall be entered in the individualized treatment recordof the patient;
(8) To seek independent psychiatric examination and opinionfrom a psychiatrist or mental health professional of his or her choice;
(9) To be employed at a gainful occupation insofar as thepatient's condition permits, provided however, that no patient shall berequired to perform labor;
(10) To vote and participate in political activity;
(11) To receive and read literature;
(12) To have the least possible restraint imposed upon theperson consistent with affording him or her the care and treatment necessaryand appropriate to his or her condition;
(13) To have access to the mental health advocate uponrequest;
(14) To prevent release of his or her name to the advocate ornext of kin by signing a form provided to all patients for that purpose at thetime of admission.
(g) Records. A facility shall maintain for eachpatient admitted pursuant to this chapter, a comprehensive medical record. Therecord shall contain a recorded individualized treatment plan, which shall atleast monthly be reviewed by the physician of the facility who is chieflyresponsible for the patient's care, notations of the reviews to be entered inthe record. The records shall also contain information indicating at the timeof admission or certification what alternatives to admission or certificationare available to the patient, what alternatives have been investigated, and whythe investigated alternatives were not deemed suitable. The medical recordshall further contain such other information as the director may by rule orregulation require.
(h) Competence. A person shall not, solely by reasonof his or her admission or certification to a facility for examination or careand treatment under the provisions of this chapter thereby be deemedincompetent to manage his or her affairs, to contract, to hold, or seek aprofessional, occupational, or vehicle operator's license, to make a will, orfor any other purpose. Neither shall any requirement be made, by rule,regulation, or otherwise, as a condition to admission and retention, that anyperson applying for admission shall have the legal capacity to contract, itbeing sufficient for the purpose, that the person understand the nature andconsequence of making the application.
§ 40.1-5-5 Admission of patients generally– Rights of patients – Patients' records – Competence ofpatients. – (a) Admissions. Any person who is in need of care and treatment in afacility, as herein defined, may be admitted or certified, received, andretained as a patient in a facility by complying with any one of the followingadmission procedures applicable to the case:
(1) Voluntary admission.
(2) Emergency certification.
(3) Civil court certification.
(b) Forms. The director shall prescribe and furnishforms for use in admissions and patient notification procedures under thischapter.
(c) Exclusions. No defective delinquent, mentallyretarded person, or person under the influence of alcohol or drugs shall becertified to a facility, as herein defined, solely by reason of that condition,unless the person also qualified for admission or certification under theprovisions of this chapter.
(d) Examining physician. For purposes ofcertification, no examining physician shall be related by blood or marriage tothe person who is applying for the admission of another, or to the person whois the subject of the application; nor shall he or she have any interest,contractually, testamentary, or otherwise (other than reasonable and propercharges for professional services rendered), in or against the estate or assetsof the person who is the subject of the application; nor shall he or she be amanager, trustee, visitor, proprietor, officer, stockholder, or have anypecuniary interest, directly or indirectly, or, except as otherwise hereinexpressly provided, be a director, resident physician, or salaried physician,or employee in any facility to which it is proposed to admit the person.
(e) Certificates. Certificates, as required by thischapter, must provide a factual description of the person's behavior whichindicates that the person concerned is mentally disabled, creates a likelihoodof serious harm, and is in need of care and treatment in a facility as definedin this chapter. They shall further set forth such other findings as may berequired by the particular certification procedure used. Certificates shallalso show that an examination of the person concerned was made within five (5)days prior to the date of admission or certification, unless otherwise hereinprovided. The date of the certificate shall be the date of the commencement ofthe examination, and in the event examinations are conducted separately or overa period of days, then the five (5) day period above referred to (unlessotherwise expressly provided) shall be measured from the date of thecommencement of the first examination. All certificates shall contain theobservations upon which judgments are based, and shall contain such otherinformation as the director may by rule or regulation require.
(f) Rights of patients. No patient admitted orcertified to any facility under any provision of this chapter shall be deprivedof any constitutional, civil or legal right, solely by reason of such admissionor certification nor shall the certification or admission modify or vary anyconstitutional or civil right, including, but not limited to, the right orrights:
(1) To privacy and dignity;
(2) To civil service or merit rating or ranking andappointment;
(3) Relating to the granting, forfeiture or denial of alicense, permit, privilege or benefit pursuant to any law;
(4) To religious freedom;
(5) To be visited privately at all reasonable times by his orher personal physician, attorney, and clergyperson, and by other persons at allreasonable times unless the official in charge of the facility determineseither that a visit by any of the other persons or a particular visitation timewould not be in the best interests of the patient and he or she incorporates astatement for any denial of visiting rights in the individualized treatmentrecord of the patient;
(6) To be provided with stationery, writing materials, andpostage in reasonable amounts and to have free unrestricted, unopened, anduncensored use of the mails for letters;
(7) To wear one's own clothes, keep and use personalpossessions, including toilet articles, to keep and be allowed to spend areasonable sum of money for canteen expenses and small purchases, to haveaccess to individual storage space for his or her private use, and reasonableaccess to telephones to make and receive confidential calls; provided, however,that any of these rights may be denied for good cause by the official in chargeof a facility or a physician designated by him or her. A statement of thereasons for any denial shall be entered in the individualized treatment recordof the patient;
(8) To seek independent psychiatric examination and opinionfrom a psychiatrist or mental health professional of his or her choice;
(9) To be employed at a gainful occupation insofar as thepatient's condition permits, provided however, that no patient shall berequired to perform labor;
(10) To vote and participate in political activity;
(11) To receive and read literature;
(12) To have the least possible restraint imposed upon theperson consistent with affording him or her the care and treatment necessaryand appropriate to his or her condition;
(13) To have access to the mental health advocate uponrequest;
(14) To prevent release of his or her name to the advocate ornext of kin by signing a form provided to all patients for that purpose at thetime of admission.
(g) Records. A facility shall maintain for eachpatient admitted pursuant to this chapter, a comprehensive medical record. Therecord shall contain a recorded individualized treatment plan, which shall atleast monthly be reviewed by the physician of the facility who is chieflyresponsible for the patient's care, notations of the reviews to be entered inthe record. The records shall also contain information indicating at the timeof admission or certification what alternatives to admission or certificationare available to the patient, what alternatives have been investigated, and whythe investigated alternatives were not deemed suitable. The medical recordshall further contain such other information as the director may by rule orregulation require.
(h) Competence. A person shall not, solely by reasonof his or her admission or certification to a facility for examination or careand treatment under the provisions of this chapter thereby be deemedincompetent to manage his or her affairs, to contract, to hold, or seek aprofessional, occupational, or vehicle operator's license, to make a will, orfor any other purpose. Neither shall any requirement be made, by rule,regulation, or otherwise, as a condition to admission and retention, that anyperson applying for admission shall have the legal capacity to contract, itbeing sufficient for the purpose, that the person understand the nature andconsequence of making the application.
