Section 632.325

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS

Chapter 632

Effective - 28 Aug 2023, 2 histories   

  632.325.  Information to be furnished to patient and others, when. — If the respondent is accepted for evaluation or for evaluation and treatment pursuant to this chapter, he or she shall be advised, orally and in writing, of the information contained in subdivisions (1) through (11) of this section.  The respondent's guardian and, if possible and the respondent consents, a responsible member of his or her immediate family shall be advised, within eight hours either orally or in writing, of the information contained in subdivisions (1) through (11) of this section.  The personnel of the mental health facility to which the respondent is taken shall advise the aforementioned individuals that unless the respondent is released or voluntarily admits himself or herself within ninety-six hours of the initial detention:

  (1)  He or she may be detained for ninety-six hours from the time of his or her initial detention to be evaluated and treated;

  (2)  Within the ninety-six hours, the head of the mental health facility may file a petition to have him or her detained for an additional period not to exceed twenty-one days, after a court hearing;

  (3)  He or she will be given a judicial hearing within two judicial days after the day the petition for additional detention is filed;

  (4)  An attorney has been appointed who will represent him or her before and after the hearing and who will be notified as soon as possible; provided, however, that he or she also has the right to private counsel of his or her own choosing and at his or her own expense;

  (5)  He or she has the right to communicate with counsel at all reasonable times and to have assistance in contacting such counsel;

  (6)  The purpose of the evaluation is to determine whether he or she meets the criteria for civil detention under this chapter and that anything he or she says to personnel at the mental health facility may be used in making that determination, may result in involuntary detention proceedings being filed against him or her and may be used at the court hearing;

  (7)  He or she has the right to present evidence and to cross-examine witnesses who testify against him or her at the hearing;

  (8)  During the period prior to being examined by a licensed physician, he or she may refuse medication unless he or she presents an imminent likelihood of serious physical injury to himself or herself or others;

  (9)  He or she has the right to refuse medication except for lifesaving treatment beginning twenty-four hours prior to the hearing for twenty-one-day detention;

  (10)  He or she has the right to request that the hearing be held in his or her county of residence if he or she is a resident of this state; and

  (11)  He or she has the right to have an interpreter assist him or her to communicate, at the facility or during the hearing, or both, if he or she has impaired hearing or does not speak English.

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(L. 1980 H.B. 1724, A.L. 1996 S.B. 884 & 841, A.L. 2023 S.B. 106)