Section 630.110

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS

Chapter 630

Effective - 28 Aug 2009   

  630.110.  Patient's rights — limitations. — 1.  Except as provided in subsection 5 of this section, each person admitted to a residential facility or day program and each person admitted on a voluntary or involuntary basis to any mental health facility or mental health program where people are civilly detained pursuant to chapter 632, except to the extent that the head of the residential facility or day program determines that it is inconsistent with the person's therapeutic care, treatment, habilitation or rehabilitation and the safety of other facility or program clients and public safety, shall be entitled to the following:

  (1)  To wear his own clothes and to keep and use his own personal possessions;

  (2)  To keep and be allowed to spend a reasonable sum of his own money for canteen expenses and small purchases;

  (3)  To communicate by sealed mail or otherwise with persons including agencies inside or outside the facility;

  (4)  To receive visitors of his own choosing at reasonable times;

  (5)  To have reasonable access to a telephone both to make and receive confidential calls;

  (6)  To have access to his mental and medical records;

  (7)  To have opportunities for physical exercise and outdoor recreation;

  (8)  To have reasonable, prompt access to current newspapers, magazines and radio and television programming.

  2.  Any limitations imposed by the head of the residential facility or day program or his designee on the exercise of the rights enumerated in subsection 1 of this section by a patient, resident or client and the reasons for such limitations shall be documented in his clinical record.

  3.  Each patient, resident or client shall have an absolute right to receive visits from his attorney, physician or clergyman, in private, at reasonable times.

  4.  Notwithstanding any limitations authorized under this section on the right of communication, every patient, resident or client shall be entitled to communicate by sealed mail with the department, his legal counsel and with the court, if any, which has jurisdiction over the person.

  5.  Persons committed to a residential facility or day program operated, funded or licensed by the department pursuant to section 552.040, persons detained at a county jail or at a secure facility under section 632.484 or 632.489, or persons committed to a secure facility under section 632.495, shall not be entitled to the rights enumerated in subdivisions (1), (3) and (5) of subsection 1 of this section unless the head of the residential facility or day program determines that these rights are necessary for the person's therapeutic care, treatment, habilitation or rehabilitation.  In exercising the discretion to grant any of the rights enumerated in subsection 1 of this section to a patient, resident or client, the head of the residential facility or day program shall consider the safety of the public.

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(L. 1980 H.B. 1724, A.L. 1996 S.B. 884 & 841, A.L. 2009 H.B. 826 merged with S.B. 435)