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Title XL ADDITIONAL EXECUTIVE DEPARTMENTS

Chapter 631

previous next Effective - 28 Aug 1996bottom

  631.135.  Information to be furnished to patient and others. — If a respondent is accepted for treatment and rehabilitation pursuant to this chapter, he 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 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 within ninety-six hours of the initial detention:

  (1)  He may be detained for ninety-six hours from the time of his initial detention to receive treatment and rehabilitation;

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

  (3)  He 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 before and after the hearing and who will be notified as soon as possible; except that, he also has the right to private counsel of his own choosing and at his own expense;

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

  (6)  Anything he 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, and may be used at the court hearing;

  (7)  He 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 may refuse medication unless he presents an imminent likelihood of serious harm to himself or others;

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

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

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

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(L. 1985 S.B. 265, A.L. 1996 S.B. 884 & 841)


---- end of effective   28 Aug 1996 ----

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