(a) Every patient in a behavioral health facility or residential care facility is entitled to exercise all civil rights, including, but not limited to, the right to civil service status, the right to vote, rights relating to the granting, renewal, forfeiture or denial of a license, permit, privilege or benefit pursuant to any law, the right to enter into contractual relationships and the right to manage the patient’s property, unless:(1) The Administrator of the behavioral health facility or residential care facility determines that it is necessary for the medical welfare of the patient to impose restrictions on the exercise of these rights and, if restrictions are imposed, the restrictions and the reasons for them must be made a part of the clinical record of the patient;(2) A patient has been adjudicated incompetent and has not been restored to legal capacity; or(3) The exercise of these rights is specifically restricted by other statutes or rules, but not solely because of the fact of admission to behavioral health facility or residential care facility.
(1) The Administrator of the behavioral health facility or residential care facility determines that it is necessary for the medical welfare of the patient to impose restrictions on the exercise of these rights and, if restrictions are imposed, the restrictions and the reasons for them must be made a part of the clinical record of the patient;
(2) A patient has been adjudicated incompetent and has not been restored to legal capacity; or
(3) The exercise of these rights is specifically restricted by other statutes or rules, but not solely because of the fact of admission to behavioral health facility or residential care facility.
(b) Every patient is entitled to humane care and treatment, and to the extent that facilities, equipment, and personnel are available, to medical care and treatment in accordance with the highest standards accepted in medical practice.
(c) Restraint, including any mechanical means of restricting movement, and seclusion, including isolation by means of doors that cannot be opened by the patient, may not be used on a patient unless the Administrator of the behavioral health facility or residential care facility or medical personnel under the direction of the Administrator, determines that either is required by the medical needs of the patient. The use of restraints must be limited to used allowable under the standards of the facility’s accrediting body, and unaccredited facilities shall adhere to the Joint Commission on the Accreditation of Healthcare Organizations standards on restraints.
The administrator of the psychiatric facility shall record and make available for inspection every use of mechanical restraint or seclusion and the reasons for its use.
The limitation of the use of seclusion in this subsection does not apply to maximum security installations.
(d) Every patient is entitled to communicate by sealed envelopes with the Department, a member of the clergy of the patient’s choice, the patient’s attorney and the court that ordered the patient’s hospitalization, if any.
(e) Every patient is entitled to communicate by mail in accordance with the rules of the psychiatric facility.
(f) Every patient is entitled to receive visitors unless expressly prohibited by the patient’s medical condition, but the patient may be visited by a member of the clergy of the patient’s choice or the patient’s attorney at any reasonable time.
(g) Subject to reasonable rules regarding hours of visitation, which the Administrator may adopt, with the approval of the Commissioner, patients in any approved treatment facility must be granted opportunities for adequate consultation with counsel, and for continuing contact with family and friends consistent with an effective treatment program.
(h) Mail or other communication to or from a patient in any approved treatment facility may not be intercepted, read, or censored unless the Administrator of the facility has reasonable cause to believe that the mail or other communication contains contraband, information regarding an unlawful event or activity, or otherwise warrants interception, in which case the mail or other communication must be forwarded to the Department of Justice for appropriate action.
(i) An individualized treatment plan must be prepared and maintained on a current basis for each patient.
(j) A continuum of coordinated treatment services shall be provided so that a person who leaves a facility or a form of treatment will have and utilize other appropriate treatments.
(k) The Administrator may establish reasonable rules regarding the use of telephones by patients in approved treatment facilities.