§ 40.1-25-1 - Right of access.
SECTION 40.1-25-1
§ 40.1-25-1 Right of access. – (a) Any facility rendering care or treatment to a mentally ill individual asdefined in § 40.1-25-2 shall permit the protection and advocacy systemestablished by 42 U.S.C. § 10801 et seq., and its designees as certifiedby that agency, whose purposes include rendering assistance without charge tomentally ill individuals to have access to a facility in order to:
(1) Communicate privately by mail or orally with any personin treatment.
(2) Inspect all records relating to persons in treatment,provided that the person in treatment or his or her guardian gives writtenpermission.
(3) Take whatever steps are appropriate, including postingnotice, to see that persons are made aware of the services of the protectionand advocacy system, its purpose, and how it can be contacted. Officials incharge of each facility shall cooperate with the protection and advocacy systemin this respect.
(4) Take such action as it deems appropriate to protect therights of those criminally insane patients included within the forensic unit ofthe department of mental health, retardation, and hospitals and thosepreviously considered to be within the authority of the Interstate Compact onthe Mentally Disordered Offender.
(5) Have access to policies, rules, and regulations affectingcare, rights, or responsibilities of individuals residing therein.
(6) Investigate incidents of abuse and neglect of mentallyill individuals if incidents are reported to the system or if there is probablecause to believe the incidents occurred.