Title 40.1, Title 40.1 Healthcare, Developmental Disabilities and Hospitals

There shall be no discrimination made by any state department against duly licensed osteopathic physicians and optometrists in any medical plan that involves the expenditure of state funds. Notwithstanding any provisions of a policy or contract of group accident, group health, gr…

(a) There is hereby created within the department of behavioral healthcare, developmental disabilities and hospitals a restricted-receipt account to be known as the Vigneron memorial fund grant account. Donations deposited into the Vigneron memorial fund grant account shall be us…

The department of administration shall furnish the department with proper and adequate office space and equipment.

In tribute to the memory of the late Dr. U. E. Zambarano, former superintendent of the state sanatorium, counselor, administrator, and humanitarian, whose “friendly deportment fostered a spirit of cooperation and unity,” the state sanatorium at Wallum Lake, Rhode Island, shall he…

The hospital land, being a tract of land owned by the state, located in the town of Burrillville, at and adjacent to Wallum Pond, with all the buildings thereon and all the furniture, furnishings, fittings, fixtures, apparatus, farming utensils, and equipment and property of all …

The director of behavioral healthcare, developmental disabilities and hospitals may appoint all physicians he or she may deem necessary for the hospital, and all other assistants and employees necessary for the performance of the duties of the department, and for the proper admin…

The charge for the support of the patients of the hospital as are of sufficient ability to pay for same, or have persons or kindred bound by law to maintain them, shall be paid by those patients, persons, or kindred, at a rate to be determined by the director of behavioral health…

The director of the department shall establish, in the director’s discretion, rules for the government of the Eleanor Slater hospital, regulations for the admission of patients, and shall generally be vested with all the powers necessary for the proper carrying on of the work ent…

The director of the department shall establish, in the director’s discretion, rules for the governance of the Rhode Island state psychiatric hospital, regulations for the admission of patients, and shall generally be vested with all the powers necessary for the proper carrying on…

Notwithstanding the provisions of any public or general law or personnel rule or regulation to the contrary, there shall no longer be any requirement or provision that an employee of Zambarano Hospital reside within the state as a condition of continued employment. Any prior vali…

The director of behavioral healthcare, developmental disabilities and hospitals shall appoint, or delegate to another employee of the department the authority to appoint, employees, as the director may deem necessary for the proper management of the facilities of either or both t…

This chapter shall be known as the “Mental Health Law.”

(a) In general. Each patient admitted or certified to a facility pursuant to the provisions of this chapter shall be the subject of a periodic review of his or her condition and status to be conducted by a review committee composed of at least one psychiatrist, or licensed advanc…

(a) The official in charge of any facility, or his or her designated agent, on having his or her reasons noted on the patient’s records, shall discharge any patient certified or admitted pursuant to the provisions of this chapter, when: (1) Suitable alternatives to certification …

Nothing in this chapter shall be construed as abrogating any rights of a person certified or someone acting on his or her behalf to petition for writ of habeas corpus and/or other relief. In addition, petitions may be specifically based upon, but not limited to, the following gro…

There is hereby created the office of mental health advocate.

The governor, with the advice and consent of the senate, shall appoint a member of the bar of this state who has been practicing law for at least five (5) years to fill the office of the mental health advocate. The appointment shall be made from a list of at least three (3) perso…

The mental health advocate may appoint assistants as may be deemed necessary whose powers and duties shall be similar to those imposed upon the mental health advocate by law and shall be performed under and by the advice and direction of the mental health advocate.

The general assembly shall annually appropriate such sums as it may deem necessary for the payment of the salaries of such clerical assistance as may be deemed necessary and for the payment of office expenses and other actual expenses incurred by the mental health advocate in the…

If the mental health advocate, after examination and investigation of a financial statement of a person subject to the provisions of this chapter, is satisfied that the person submitting the financial statement is indigent, the mental health advocate or one of his or her assistan…

The mental health advocate, his or her assistants, and every employee of his or her office are hereby expressly prohibited from divulging to any individual not officially connected with his or her office any information obtained by the mental health advocate, his or her assistant…

Whoever knowingly makes a false statement or representation to the mental health advocate, his or her assistants, or any employee of his or her office to obtain the legal services of the mental health advocate or one of his or her assistants under this chapter, either for him or …

Whenever used in this chapter, or in any order, rule, or regulation made or promulgated pursuant to this chapter, or in any printed forms prepared by the department or the director, unless otherwise expressly stated, or unless the context or subject matter otherwise requires: (1)…

Any client represented by the mental health advocate, or his or her assistants, under the provisions of this chapter shall not be required to pay any fees to the district, superior, family, or supreme courts or the clerks thereof, or any fees or charges for the services or travel…

The mental health advocate shall annually submit to the governor, the director, and the general assembly a detailed report analyzing the work of his or her office and any recommendations resulting therefrom.

The mental health advocate shall perform the following duties: (1) Ensure that each person in treatment and, in proper cases, others interested in the person’s welfare, is apprised of his or her rights under this chapter. (2) Review periodically the procedures established by faci…

The mental health advocate shall have access to the following information: (1) The names of all persons in treatment, and the date and place where treatment was begun, unless the patient specifically objects in writing. The patient shall be informed of his or her right to so obje…

The mental health advocate shall have the following rights and powers: (1) To communicate privately by mail or orally with any person in treatment. (2) To inspect all records relating to persons in treatment provided that the person in treatment or his or her guardian gives writt…

The mental health advocate shall have the power to apply for and accept grants and bequests of funds from other states, governmental agencies, and independent authorities, and private firms, individuals, and foundations, with the approval of the director of administration. The fu…

Personnel of the mental health advocate’s office shall be restricted in their use of confidential information by the applicable provisions of this chapter.

(a) The fact of admission or certification, and all information and records compiled, obtained, or maintained in the course of providing services to persons under this chapter, shall be confidential. (b) Information and records may be disclosed only: (1) To any person, with the w…

Nothing in this chapter shall prohibit the release of information to a patient’s attorney, his or her guardian or conservator, if any, or a member of the patient’s family the information that the person is presently a patient in the facility or that the person is seriously physic…

(a) Notwithstanding §§ 40.1-5-26 and 40.1-5-27, a mental health professional providing care and treatment to an adult person with a psychiatric disability as defined in § 40.1-5-2(13) may provide certain information to a family member or other person if this family member or othe…

When disclosure is necessary for the protection of the patient or others due to his or her unauthorized disappearance from the facility, and his or her whereabouts is unknown, notice of the disappearance, along with relevant information, shall be made to relatives and governmenta…

(a) When any disclosure of information or records is made, the physician in charge of the patient or the professional person in charge of the facility, or their designee, shall promptly cause to be entered into the patient’s medical record the date and circumstances under which t…

(a) The state department of behavioral healthcare, developmental disabilities and hospitals is charged with the execution of the laws relating to the admission and custody of the mentally disabled. (b) Under the direction of the state director of behavioral healthcare, developmen…

Nothing in this chapter shall be construed to prohibit the compilation and publication of anonymous statistical data for use by government or researchers under standards.

Facilities under the jurisdiction, supervision, and control of the department shall be maintained, and services shall be provided, for the care and treatment of the psychiatrically disabled of the state and for other persons and related purposes as shall be provided and authorize…

(a) No transfer of a patient already in a facility shall be made to a facility, or section of a facility, maintained for patients certified upon an order of a court or judge having criminal jurisdiction in a proceeding arising out of a criminal offense. The official in charge of …

For the purposes of this chapter, facilities shall be maintained by the state for the care, treatment, and maintenance of the psychiatrically disabled, and the patients may be maintained and treated in the facilities or in foster family care, and may receive the services conditio…

Where under any provision of any existing law, except in the case of a person held under criminal process, or under process of the family court for an act that would be considered a crime if committed by an adult, any person with psychiatric disability, as defined in this chapter…

The director may maintain without charge or defray the expense of care and treatment of such poor or indigent persons as are mentally disabled patients under treatment in accordance with the provisions of this chapter, who may have been admitted or certified to any facility under…

(a) At any hearing hereunder or upon application thereto, the district court, or family court in the case of a patient under eighteen (18) years of age, may appoint guardians ad litem to represent any patient in matters concerning the provisions of this chapter. It shall be the d…

No civil process or notice shall be served upon any patient, unless the officer or person charged with the service shall apply to the physician in charge of the facility, or his or her designated agent, where the patient is confined, and receive a statement from the physician tha…

Any person who knowingly and willfully conspires with any other person unlawfully to improperly cause to be admitted or certified to any facility any person not covered by the provisions of this chapter, shall on conviction therefor, be fined not exceeding five thousand dollars (…

Any person who willfully withholds from or denies to any person admitted to a facility as defined in this chapter any of his or her rights as granted in this chapter, shall, on conviction thereof, be fined not exceeding two thousand dollars ($2,000) or imprisoned not exceeding tw…