125.92 - RIGHTS AND PRIVILEGES OF COMMITTED PERSONS.
125.92 RIGHTS AND PRIVILEGES OF COMMITTED PERSONS.
A person who is detained, taken into immediate custody, or
committed under this division has the right to:
1. Prompt evaluation, emergency services, and care and treatment
as indicated by sound clinical practice.
2. Render informed consent, except for treatment provided
pursuant to sections 125.81 and 125.91. If the person is incompetent
treatment may be consented to by the person's next of kin or guardian
notwithstanding the person's refusal. If the person refuses
treatment which in the opinion of the chief medical officer is
necessary or if the person is incompetent and the next of kin or
guardian refuses to consent to the treatment or no next of kin or
guardian is available the facility may petition a court of
appropriate jurisdiction for approval to treat the person.
3. The protection of the person's constitutional rights.
4. Enjoy all legal, medical, religious, social, political,
personal, and working rights and privileges, which the person would
enjoy if not detained, taken into immediate custody, or committed,
consistent with the effective treatment of the person and of the
other persons in the facility. If the person's rights are
restricted, the physician's direction to that effect shall be noted
in the person's record. The person or the person's next of kin or
guardian shall be advised of the person's rights and be provided a
written copy upon the person's admission to or arrival at the
facility. Section History: Early Form
[82 Acts, ch 1212, § 20]
Referred to in § 229.21