631.135. Information to be furnished to patient and others.
Information to be furnished to patient and others.
631.135. If a respondent is accepted for treatment and rehabilitationpursuant to this chapter, he shall be advised, orally and in writing, ofthe information contained in subdivisions (1) to (11) of this section. Therespondent's guardian, if any, and, with the respondent's consent, aresponsible member of the respondent's immediate family shall be advised ifpossible, either orally or in writing, of his admission to the facility.The personnel of the alcohol or drug abuse facility to which the respondentis taken shall advise the respondent that unless the respondent is releasedor voluntarily admits himself within ninety-six hours of the initialdetention:
(1) He may be detained for ninety-six hours from the time of hisinitial detention to receive treatment and rehabilitation;
(2) Within the ninety-six hours, the head of the alcohol or drugabuse facility or the mental health coordinator may file a petition to havehim detained, after a court hearing, for an additional period not to exceedthirty days;
(3) He will be given a judicial hearing within two judicial daysafter the day the petition for additional detention is filed, unlesscontinued for good cause;
(4) An attorney has been appointed who will represent him before andafter the hearing and who will be notified as soon as possible; exceptthat, he also has the right to private counsel of his own choosing and athis own expense;
(5) He has the right to communicate with counsel at all reasonabletimes and to have assistance in contacting such counsel;
(6) Anything he says to personnel at the alcohol or drug abusefacility may be used in making a determination regarding detention, mayresult in involuntary detention proceedings being filed concerning him, andmay be used at the court hearing;
(7) He has the right to present evidence and to cross-examinewitnesses who testify on behalf of the petitioner at the hearing;
(8) During the period prior to being examined by a licensedphysician, he may refuse medication unless he presents an imminentlikelihood of serious harm to himself or others;
(9) He has the right to refuse medication except for lifesavingtreatment beginning twenty-four hours prior to the hearing for thirty-daydetention;
(10) He has the right to request that the hearing be held in hiscounty of residence if he is a resident of this state;
(11) He has the right to have an interpreter assist him tocommunicate at the facility or during the hearing, or both, if he hasimpaired hearing or does not speak English.
(L. 1985 S.B. 265, A.L. 1996 S.B. 884 & 841)