27A-12-1. Individual privacy and dignity to be respected. Each person has the right to a humane environment that affords appropriate individual privacy, individual dignity and reasonable protection from harm. These rights shall be respected at all times and upon all occasions, including any occasion when the person is taken into custody, detained, or transported in […]
27A-12-1.1.”Person” defined. For the purpose of this chapter, the term “person” means any individual subject to the authority of this title, either on a voluntary or involuntary basis. Source: SL 1991, ch 220, §167.
27A-12-1.2. Commitment not conclusive on competence. Notwithstanding any other provision of law, no person may be deemed incompetent to manage his affairs, to contract, to hold professional, occupational, or other licenses, to marry and obtain a divorce, to register and vote, to make a will, or to exercise any other rights or privileges accorded to […]
27A-12-25. Individual records required–Contents–Confidentiality. A complete statistical and medical record shall be kept current for each person receiving mental health services, or being otherwise detained under this title. The record shall include information pertinent to the services provided to the person, pertinent to the legal status of the recipient, required by this title or other […]
27A-12-25.1. Information closed to public inspection–Sealed upon termination of proceedings. Any information acquired by a peace officer pursuant to his authority under this title regarding any person subject to any proceedings under this title shall not be open to public inspection, and any records regarding such person shall be sealed upon the termination of proceedings […]
27A-12-26. Confidentiality of information acquired in course of providing mental health services. Information in the record of a person, and other information acquired in the course of providing mental health services to a person, shall be kept confidential and are not open to public inspection. The information may be disclosed outside the center, department, mental […]
27A-12-26.1. Access to own records–Exceptions–Confidentiality following discharge. A person has the right to access, upon request, to his mental health records. However, the person may be refused access to: (1)Information in such records provided by a third party under assurance that such information remain confidential; and (2)Specific material in such records if the qualified mental […]
27A-12-27. Obligation to disclose confidential information. If requested, information shall be disclosed: (1)Pursuant to an order or subpoena of a board of mental illness or a court of record or a subpoena of the Legislature; (2)To a prosecuting or defense attorney or to a qualified mental health professional as necessary for the attorney or professional […]
27A-12-27.1. Request for notice and notice of pending discharge. If a request for notice is made pursuant to subdivision 27A-12-27(7), the request shall: (1)Be made in writing and served upon an inpatient facility, either by personal service or electronic facsimile with oral notice of the facsimile given by telephone, before the discharge; (2)Contain clear contact […]
27A-12-27.2. Detention of person subject to petition for involuntary commitment if necessary for law enforcement to obtain custody. If a person is subject to a petition for involuntary commitment under this title, the inpatient facility may detain that person in the facility for a period of time not to exceed four hours after the time […]
27A-12-27.3. Immunity from liability for good faith detention. The detention of a person in good faith and not in excess of the period of time specified in §27A-12-27.2 may not render any law enforcement official, agency, institution, board, court, physician, inpatient facility, or staff detaining the person liable in any criminal or civil action for […]
27A-12-29. Discretionary disclosure of confidential information. Information may be disclosed in the discretion of the holder of the record: (1)As necessary or beneficial in order for the person, or persons acting on behalf of the person, to apply for and acquire benefits for the person, including third-party financial payments, assistance, or services and follow-up, care, […]
27A-12-3. Notice of rights furnished patient–Display. Each person admitted or involuntarily detained or committed has the right to be informed promptly upon entering the facility or program and periodically thereafter, both verbally and in writing in language and terms appropriate to such person’s condition and ability to understand, of the rights described in this chapter. […]
27A-12-3.1. Rights enumerated–Limitations on rights. Any person, if otherwise qualified, has the right to: (1)Refuse to be photographed or fingerprinted; (2)Remain silent and fully clothed; (3)Be allowed access to toilet facilities upon request, to have limited access to his own money unless a conservator has been appointed, and keep as much money in his personal […]
27A-12-3.10. Application for transfer from involuntary to voluntary status. Each person under an order of involuntary commitment has the right to apply for and give consent to transfer to voluntary status. Such transfer shall be forthwith granted unless the person is unable to understand the nature of voluntary status or the transfer would not be […]
27A-12-3.11. Emergency surgery or treatment–Documentation of necessity–Immunity from liability–Health care–Sterilization. Emergency surgery and any other emergency medical procedures may be performed without the patient’s consent or court or board order if the life of the recipient is threatened and there is not time to obtain consent or order or if the patient is incapacitated as […]
27A-12-3.12. Right to refuse being subjected to research or experimental or intrusive procedures or medication–Exceptions. Except as provided for in §§27A-12-3.11 and 27A-12-3.15, any adult person who is admitted as an inpatient or an outpatient or who is involuntarily committed or who is detained on a mental illness hold prior to a commitment hearing has […]
27A-12-3.13. Petition for authority to administer psychotropic medication or other medical treatment–Examination and physician opinion of incapacity to consent required. The administrator or attending psychiatrist or facility director may petition the circuit court or the board of mental illness for the authority to administer psychotropic medication and such other medical treatment as may be necessary […]
27A-12-3.14. Service of petition and notice of hearing–Content–Appointment of counsel–Hearing. Copies of the petition and notice of hearing shall be personally served by the sheriff or an elector of any state not a party to the action that is specifically designated by the court or board on the person immediately upon the filing of the […]
27A-12-3.15. Order for psychotropic medication or other treatment when person incapable of consent. If the court or board finds by clear and convincing evidence that the person is incapable of consenting to treatment with psychotropic medication and such other medical treatment as may be necessary for the treatment of the person’s mental illness, including electroconvulsive […]
