Section 631.135

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS

Chapter 631

Effective - 28 Aug 2023, 2 histories   

  631.135.  Information to be furnished to patient and others. — If a respondent is accepted for treatment and rehabilitation pursuant to this chapter, he or she shall be advised, orally and in writing, of the information contained in subdivisions (1) to (11) of this section.  The respondent's guardian, if any, and, with the respondent's consent, a responsible member of the respondent's immediate family shall be advised if possible, either orally or in writing, of his or her admission to the facility.  The personnel of the alcohol or drug abuse facility to which the respondent is taken shall advise the respondent 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 receive treatment and rehabilitation;

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

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

  (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; except 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)  Anything he or she says to personnel at the alcohol or drug abuse facility may be used in making a determination regarding detention, may result in involuntary detention proceedings being filed concerning 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 on behalf of the petitioner 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 harm 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 thirty-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. 1985 S.B. 265, A.L. 1996 S.B. 884 & 841, A.L. 2023 S.B. 106)