27A-12 CARE, TREATMENT, AND RIGHTS OF PATIENTS WITH MENTAL ILLNESS
CARE, TREATMENT, AND RIGHTS OF PATIENTS WITH MENTAL ILLNESS
Individual privacy and dignity to be respected.
Commitment not conclusive on competence.
Notice of rights furnished patient--Display.
Rights enumerated--Limitations on rights.
Right to treatment through spiritual means.
Right of access to protection of receiving assistance.
Labor for benefit of facility.
Discharge not conditioned on labor--Compensation exempt from
Comprehensive individualized treatment plan--Right to participate
in planning--Purpose of plan--Periodic review.
Aftercare plan to facilitate discharge.
Examination and review of behavioral status after admission.
Review of need for continued treatment--Release if
implementation of treatment plan untimely.
Application for transfer from involuntary to voluntary status.
Emergency surgery or treatment--Documentation of necessity--Immunity from liability--Health care--Sterilization.
Right to refuse being subjected to research or experimental or
intrusive procedures or medication--Exceptions.
Petition for authority to administer psychotropic medication or
other medical treatment--Examination and physician opinion of
incapacity to consent required.
Service of petition and notice of hearing--Content--Appointment
Order for psychotropic medication or other treatment when person
incapable of consent.
Time limit for administration of psychotropic medication or other
medical treatment--Termination of order--Review of necessity of
Compensation of appointed attorney by county of residence.
Access to attorney and private physician.
Personal appearance at hearing not compulsory--Presenting
Experimental research and hazardous procedure to be approved by
secretary of social services.
Psychosurgery, aversive stimuli, and substantial deprivations
Restrictive treatment procedures--Documentation--Prior approval--
Seclusion or restraint--Clinical justification required--Rationale--Appropriate manner.
27A-12-11.10 to 27A-12-11.12. Transferred.
Individual records required--Contents--Confidentiality.
Information closed to public inspection--Sealed upon termination
Confidentiality of information acquired in course of providing
mental health services.
Access to own records--Exceptions--Confidentiality following
Obligation to disclose confidential information.
Request for notice and notice of pending discharge.
Detention of person subject to petition for involuntary
commitment if necessary for law enforcement to obtain custody.
Immunity from liability for good faith detention.
Discretionary disclosure of confidential information.
Released information approved by administrator--Record of
Identity of patient protected in disclosing information--Disclosure
limited by germaneness.
Disclosure by recipient of confidential information.
Habeas corpus available for committed, confined, detained, or
Provisions of title do not replace or limit other rights.
Exercise of rights.
Notification to guardian or next of kin as to admission or
commitment to, or discharge from, Human Services Center.