§ 40.1-22-6 - Admission as a resident in a facility.
SECTION 40.1-22-6
§ 40.1-22-6 Admission as a resident in afacility. – (a) Any person alleged to be developmentally disabled, warranting observationand possible residential care and treatment in a facility, public or private,as herein defined, who is not held to answer presently to a criminal charge maybe admitted to and received and retained as a resident in a facility bycomplying with any one of the following admission procedures applicable to thecase:
(1) Voluntary admission;
(2) Admission on a certificate of one physician and a teamevaluation certificate.
(b) The director shall prescribe and furnish forms for use inthe procedures for admission under this section, and admission shall be hadonly upon such forms.
(c) A developmentally disabled person, as herein described inthis chapter, shall be admitted to a facility as herein defined, designated bythe director, or pursuant to an administrative order authorized by law, orpursuant to an authorization, or order of a court of competent jurisdiction.
(d) No member of a team, or any physician signing acertificate for emergency admission, shall be related by blood or marriage tothe person applying for the admission of a person alleged to be developmentallydisabled or to the person alleged to be developmentally disabled; nor shall heor she be a guardian or conservator of the person; nor shall he or she have anyinterest, contractually, testamentary, or otherwise (other than reasonable andproper charges for professional services rendered), in or against the estate orassets of the person alleged to be developmentally disabled; nor shall he orshe be a manager, trustee, proprietor, officer, stockholder, or have anypecuniary interest, directly, or indirectly, or except as otherwise provided,be a director or resident physician, in any facility to which it is proposed toadmit the person.
(e) A certificate, as required by this section, must showthat the person is developmentally disabled as herein defined, and unable tofunction independently, and if required to be made by one examining physician,that the physician made an examination of the person alleged to bedevelopmentally disabled within ten (10) days next before and inclusive of thedate of admission unless otherwise herein provided. The date of the certificateshall be the date of the commencement of the examination, and in the event theexamination or examinations are conducted separately or over a period of days,then the ten (10) day period above referred to (unless otherwise expresslyprovided) shall be measured from the date of the commencement of the firstexamination. The certificate shall contain the reasons upon which the judgmentof the physician is based and shall show that the condition of the personexamined is such as to require development, education, rehabilitation, and carein a facility as herein defined, and shall contain such other information asthe director by rule or regulation shall require.
(f) A developmentally disabled person shall enjoy all thecivil and constitutional rights conferred on citizens or residents of the state(as the case may be) by the constitution and laws of the United States and ofthis state, except as expressly otherwise provided by law.
(2) No person of eighteen (18) years of age or older shall beadmitted to, detained in, or returned to a state residential facility againsthis or her will unless he or she has been adjudicated incompetent, has beenadmitted on any ten (10) day one physician certificate basis, or as otherwiseexpressly provided in this chapter.
(3) As soon as reasonably practicable upon the admission asprovided by this section of any patient to any facility, the superintendent orofficial in charge thereof shall inform the client of his or her rights to havea judicial hearing and review, to be represented by counsel and to seekindependent professional opinion; and further, pursuant to rules established bythe director, each client upon admission shall be given the opportunity tocommunicate by telephone, or if not possible, by the next expeditious method,with any person.
(g) As to all persons admitted to any facility pursuant tothis section, the director may make a request of the superintendent or officialin charge of any facility to examine at any time a record of admission whichshall contain such information as the director by rule or regulation mayrequire. Similarly, the director may examine records of transfers, discharges,conditional releases, and revocation of conditional releases, as well as otherdispositions of cases of clients admitted hereunder.
(h) No requirement shall be made, by rule, regulation, orotherwise, as a condition to admission and retention, that any person applyingfor admission shall have the legal capacity to contract.