59-2978. Rights of patients.
59-2978
59-2978. Rights of patients.(a) Every patient being treated in anytreatment facility, in addition to all other rights preserved bythe provisions of this act, shall have the following rights:
(1) To wear the patient's own clothes, keep and use thepatient's own personal possessions including toilet articles andkeep and be allowed to spend the patient's own money;
(2) to communicate by all reasonable means with areasonable number of persons at reasonable hours of the day andnight, including both to make and receive confidential telephonecalls, and by letter, both to mail and receive unopenedcorrespondence, except that if the head of the treatment facilityshould deny a patient's right to mail or to receive unopenedcorrespondence under the provisions of subsection (b), suchcorrespondence shall be opened and examined in the presence ofthe patient;
(3) to conjugal visits if facilities are available for suchvisits;
(4) to receive visitors in reasonable numbers and atreasonable times each day;
(5) to refuse involuntary labor other than the housekeepingof the patient's own bedroom and bathroom, provided that nothingherein shall be construed so as to prohibit a patient fromperforming labor as a part of a therapeutic program to which thepatient has given their written consent and for which the patientreceives reasonable compensation;
(6) not to be subject to such procedures as psychosurgery,electroshock therapy, experimental medication, aversion therapyor hazardous treatment procedures without the written consent ofthe patient or the written consent of a parent or legal guardian,if such patient is a minor or has a legal guardianprovided that the guardian has obtained authority to consent to such from thecourt which has venue over the guardianship following a hearing held for thatpurpose;
(7) to have explained, the nature of all medicationsprescribed, the reason for the prescription and the most commonside effects and, if requested, the nature of any othertreatments ordered;
(8) to communicate by letter with the secretary of socialand rehabilitation services, the head of the treatment facilityand any court, attorney, physician, psychologist, or minister ofreligion, including a Christian Science practitioner. All suchcommunications shall be forwarded at once to the addresseewithout examination and communications from such persons shall bedelivered to the patient without examination;
(9) to contact or consult privately withthe patient's physician or psychologist, minister of religion, including aChristian Science practitioner,legal guardian or attorney at any time and if the patient is a minor,their parent;
(10) to be visited by the patient's physician,psychologist, minister of religion, including a Christian Sciencepractitioner, legal guardian or attorney at any time and if thepatient is a minor, their parent;
(11) to be informed orally and in writing of their rightsunder this section upon admission to a treatment facility; and
(12) to be treated humanely consistent with generallyaccepted ethics and practices.
(b) The head of the treatment facility may, for good causeonly, restrict a patient's rights under this section, except thatthe rights enumerated in subsections (a)(5) through (a)(12), andthe right to mail any correspondence which does not violatepostal regulations, shall not be restricted by the head of thetreatment facility under any circumstances. Each treatmentfacility shall adopt regulations governing the conduct of allpatients being treated in such treatment facility, whichregulations shall be consistent with the provisions of thissection. A statement explaining the reasons for any restrictionof a patient's rights shall be immediately entered on suchpatient's medical record and copies of such statement shall bemade available to the patient or to the parent, or legal guardian if such patient is a minor or has a legal guardian, and to thepatient's attorney. In addition, notice of any restriction of apatient's rights shall be communicated to the patient in a timelyfashion.
(c) Any person willfully depriving any patient of therights protected by this section, except for the restriction ofsuch rights in accordance with the provisions of subsection (b)or in accordance with a properly obtained court order, shall beguilty of a class C misdemeanor.
(d) The provisions of this section do not apply to persons civillycommitted to a treatment facility as a sexually violent predator pursuant toK.S.A. 59-29a01 et seq., and amendments thereto.
History: L. 1996, ch. 167, § 34;L. 2007, ch. 170, § 3; July 1.