§ 40.1-5.3-13 - General rights.

SECTION 40.1-5.3-13

   § 40.1-5.3-13  General rights. – (a) Every person committed for care and treatment under the provisions of thischapter shall retain certain constitutional and civil rights. The exercise ofthese rights may be limited only for good cause, and any limitation must bepromptly entered into the person's record. These rights include, but are notlimited, to the following:

   (1) To be visited privately by a personal physician,attorney, clergyperson, or the mental health advocate, and by other persons atall reasonable times;

   (2) To be provided with stationery, writing materials, andpostage in reasonable amounts and to have free unrestricted, unopened, anduncensored use of the mail;

   (3) To wear one's own clothes, keep and use personalpossessions, have access to individual storage space for private use, andreasonable access to the telephone to make and receive confidential calls;

   (4) To seek independent examinations and opinions from apsychiatrist or mental health professional of his or her choice;

   (5) To receive and read literature;

   (6) To have access to the mental health advocate upon request;

   (7) Not to participate in experimentation in the absence ofthe person's informed, written consent, or if incompetent, upon an order ofsubstituted judgment;

   (8) To freedom from restraint or seclusion, except during anemergency;

   (9) To exercise the rights described in this section withoutreprisal, including reprisal in the form of denial of any appropriate andavailable treatment or any right or privilege;

   (10) To have an opportunity for exercise at least one houreach day.

   (b) For the purposes of this section, "emergency" is definedas an imminent threat of serious bodily harm to the patient or to others. Arequest for informed consent includes a reasonable explanation of the procedureto be followed, the benefits to be expected, the relative advantages ofalternative treatments, the potential discomforts and risks, and the right andopportunity to revoke the consent.