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Section 630.110 – Patient’s rights — limitations.

Effective – 28 Aug 2009 630.110. Patient’s rights — limitations. — 1. Except as provided in subsection 5 of this section, each person admitted to a residential facility or day program and each person admitted on a voluntary or involuntary basis to any mental health facility or mental health program where people are civilly detained […]

Section 630.115 – Patient’s entitlements — administrative review of violations.

Effective – 28 Aug 1996 630.115. Patient’s entitlements — administrative review of violations. — 1. Each patient, resident or client shall be entitled to the following without limitation: (1) To humane care and treatment; (2) To the extent that the facilities, equipment and personnel are available, to medical care and treatment in accordance with the […]

Section 630.120 – No presumptions.

Effective – 28 Aug 2011 630.120. No presumptions. — No patient or resident, either voluntary or involuntary, shall be presumed to be incompetent, to forfeit any legal right, responsibility or obligation or to suffer any legal disability as a citizen, unless otherwise prescribed by law, as a consequence of receiving evaluation, care, treatment, habilitation or […]

Section 630.125 – Explanation of rights and entitlements.

Effective – 28 Aug 1996 630.125. Explanation of rights and entitlements. — 1. At the time of admission, either on a voluntary or involuntary basis, a mental health facility or mental health program in which people may be civilly detained pursuant to chapter 632, or a residential facility or day program operated, funded or licensed […]

Section 630.127 – Notification protocols — rulemaking authority.

Effective – 28 Aug 2007 630.127. Notification protocols — rulemaking authority. — 1. The department of mental health shall develop rules, guidelines, and protocols for an initial notification to a parent or guardian of a patient, resident, or client when first entering the care and custody of the department, or when first entering a facility […]

Section 630.130 – Electroconvulsive therapy, procedure — prohibitions — attorney’s fees.

Effective – 28 Aug 2014 630.130. Electroconvulsive therapy, procedure — prohibitions — attorney’s fees. — 1. Every patient, whether voluntary or involuntary, in a public or private mental health facility shall have the right to refuse electroconvulsive therapy. 2. Before electroconvulsive therapy may be administered voluntarily to a patient, the patient shall be informed, both […]

Section 630.135 – Rules regarding patient’s rights.

Effective – 28 Aug 1980 630.135. Rules regarding patient’s rights. — The department shall promulgate reasonable rules relative to the implementation of patient, resident and client rights described in this chapter. ­­——– (L. 1980 H.B. 1724)

Section 630.140 – Records confidential, when — may be disclosed, to whom, how, when — release to be documented — court records confidential, exceptions.

Effective – 28 Aug 2015, 4 histories 630.140. Records confidential, when — may be disclosed, to whom, how, when — release to be documented — court records confidential, exceptions. — 1. Information and records compiled, obtained, prepared or maintained by the residential facility, mental health program operated, funded or licensed by the department or otherwise, […]

Section 630.150 – Disclosure of absence to be made, when, to whom.

Effective – 28 Aug 1996 630.150. Disclosure of absence to be made, when, to whom. — 1. Except as provided in subsection 2 of this section, when a patient, resident or client is absent due to his unauthorized disappearance from a residential facility or day program, or his whereabouts are unknown and disclosure is necessary […]

Section 630.155 – Mistreatment of patient — defined — penalty.

Effective – 01 Jan 2017, 2 histories 630.155. Mistreatment of patient — defined — penalty. — 1. A person commits the offense of patient, resident or client abuse or neglect against any person admitted on a voluntary or involuntary basis to any mental health facility or mental health program in which people may be civilly […]

Section 630.160 – Furnishing unfit food — defined — penalty.

Effective – 28 Aug 1996 630.160. Furnishing unfit food — defined — penalty. — 1. A person commits the crime of “furnishing unfit food to patients, residents or clients” if he does any of the following: (1) Knowingly furnishes or delivers any diseased, putrid or otherwise unwholesome meat from any animal or fowl that was […]

Section 630.161 – Investigation of reports of vulnerable person abuse, when.

Effective – 01 Jan 2017 630.161. Investigation of reports of vulnerable person abuse, when. — The department of mental health shall investigate incidents and reports of vulnerable person abuse using the procedures established in sections 630.163 to 630.167 and, upon substantiation of the report of vulnerable person abuse, shall promptly report the incident to the […]

Section 630.162 – Mandatory reporters — preventing or discouraging reporting, penalty.

Effective – 01 Jan 2017 630.162. Mandatory reporters — preventing or discouraging reporting, penalty. — 1. When any physician, physician assistant, dentist, chiropractor, optometrist, podiatrist, intern, resident, nurse, nurse practitioner, medical examiner, social worker, licensed professional counselor, certified substance abuse counselor, psychologist, physical therapist, pharmacist, other health practitioner, minister, Christian Science practitioner, facility administrator, nurse’s […]

Section 630.163 – Mandatory reporting requirements.

Effective – 28 Aug 2007 630.163. Mandatory reporting requirements. — 1. Any person having reasonable cause to suspect that a vulnerable person presents a likelihood of suffering serious physical harm or is the victim of abuse or neglect shall report such information to the department. Reports of vulnerable person abuse received by the departments of […]

Section 630.164 – Immunity from liability, when.

Effective – 01 Jan 2017 630.164. Immunity from liability, when. — Any person, official or institution complying with the provisions of section 630.162, in the making of a report, or in cooperating with the department in any of its activities pursuant to sections 630.161 to 630.167, except the person, official, or institution accused of abusing […]

Section 630.165 – Suspected abuse of patient, report, by whom made, contents — effect of failure to report — penalty.

Effective – 01 Jan 2017, 4 histories 630.165. Suspected abuse of patient, report, by whom made, contents — effect of failure to report — penalty. — 1. When any physician, physician assistant, dentist, chiropractor, optometrist, podiatrist, intern, resident, nurse, nurse practitioner, medical examiner, social worker, licensed professional counselor, certified substance abuse counselor, psychologist, other health […]

Section 630.167 – Investigation of report, when made, by whom — abuse prevention by removal, procedure — reports confidential, privileged, exceptions — immunity of reporter, notification — retaliation prohibited — administrative discharge of employee, appeal procedure.

Effective – 28 Aug 2018, 5 histories 630.167. Investigation of report, when made, by whom — abuse prevention by removal, procedure — reports confidential, privileged, exceptions — immunity of reporter, notification — retaliation prohibited — administrative discharge of employee, appeal procedure. — 1. Upon receipt of a report the department or the department of health […]

Section 630.168 – Suspected abuse to be reported.

Effective – 28 Aug 1996 630.168. Suspected abuse to be reported. — If it is alleged or suspected that any patient, resident or client who has been admitted on a voluntary or involuntary basis to a mental health facility or mental health program in which people are detained pursuant to chapter 632, or any patient, […]