§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]
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