36-504. Notice of patients’ rights; notification to family A. Every person undergoing treatment or evaluation pursuant to this chapter is entitled to the rights set forth in this chapter and to rights that the director specifies by rule. A list of patients’ rights as required by this chapter and by the administration shall be compiled […]
36-505. Rights at hearing At all hearings conducted pursuant to this chapter, persons shall have the right to an analysis of their psychological condition by an independent evaluator.
36-506. Civil rights not impaired; discrimination prohibited A. Persons undergoing evaluation or treatment pursuant to this chapter shall not be denied any civil right, including but not limited to, the right to dispose of property, sue and be sued, enter into contractual relationships and vote. Court-ordered treatment or evaluation pursuant to this chapter is not […]
36-507. Patient’s rights to privacy and to personal possessions Every person undergoing evaluation or treatment pursuant to this chapter: 1. Has the right not to be fingerprinted. 2. Has the right not to be photographed without consent of the person and the person’s attorney or guardian, except that the person may be photographed upon admission […]
36-508. Disposition of patient’s personal property A. When a patient is admitted on an inpatient basis to a mental health treatment agency pursuant to section 36-540, the articles of personal property which cannot be used by the patient at the institution shall be placed under the control and management of the patient’s guardian or conservator […]
36-509. Confidential records; immunity; definition A. A health care entity must keep records and information contained in records confidential and not as public records, except as provided in this section. Records and information contained in records may be disclosed only as authorized by state or federal law, including the health insurance portability and accountability act […]
36-509.01. Case records; involuntary treatment hearings; confidentiality; definition A. Except as otherwise provided by law, court rule or court order, the case records of and case information regarding a court proceeding brought under article 4 or 5 of this chapter are not open to public access or inspection. B. The court, for good cause shown, […]
36-510. Patient’s compensation for work If a patient of a mental health treatment agency works, this work shall be in the patient’s interest. If the primary purpose of this work is to benefit the mental health treatment agency or any agency of the state, the patient shall be employed and paid in accordance with law. […]
36-510.01. Notice; personal service of process A. A person who is ordered to undergo involuntary evaluation has the right to receive by personal service the documents specified in section 36-529, subsection E. A person who is the subject of a petition for court-ordered treatment has the right to receive by personal service the documents specified […]
36-511. Quality of treatment A. Subject to the right to refuse psychiatric and medical treatment pursuant to sections 36-512 and 36-513 and pursuant to rules of the administration, every person undergoing evaluation or treatment pursuant to this chapter shall receive physical and psychiatric care and treatment, delivered in a manner that allows the person’s family […]
36-512. Emergency medical care A person undergoing evaluation or treatment has a right to refuse any and all medical treatment unless ordered by the court, except that when, in the written opinion of the attending physician, a true medical emergency exists and medical care and treatment including surgical procedures are necessary to save the life, […]
36-513. Seclusion; restraint; treatment A person undergoing evaluation pursuant to article 4 of this chapter shall not be treated for his mental disorder unless he consents to such treatment, except that seclusion and mechanical or pharmacological restraints may be employed in the case of emergency for the safety of the person or others. A person […]
36-514. Visitation; telephone; correspondence; religious freedom Every person detained for evaluation or treatment pursuant to this chapter shall have the following additional rights: 1. To be visited by the person’s personal physician or other health care professional, guardian, agent appointed pursuant to chapter 32 of this title, attorney and clergyman or any other person, subject […]
36-515. Limitation of liability; false application; classification A. Any person acting in good faith upon either actual knowledge or reliable information who makes application for evaluation or treatment of another person pursuant to this chapter is not subject to civil or criminal liability for such act. B. Any person who knowingly makes a false statement […]
36-516. Violation of person’s rights Any knowing violation of a person’s rights under this article shall give him a cause of action for the greater of either one thousand dollars or three times the actual amount of damages. It is not a prerequisite to this action that the plaintiff suffer or be threatened with actual […]
36-517. Cruelty to mentally disordered person; classification A person guilty of any harsh or cruel treatment of, or any neglect of duty toward a mentally disordered person is guilty of a class 2 misdemeanor.
36-517.01. Review of decisions regarding release of treatment information; notice; appeal; immunity A. An agency providing evaluation or treatment, on request of a person undergoing evaluation or treatment, a member of his family or his guardian, shall review the treating professional’s decision to release or withhold information requested pursuant to section 36-504, subsection B or […]
36-517.02. Limitation of liability; exception; discharge of duty; immunity for disclosure A. There shall be no cause of action against a mental health provider nor shall legal liability be imposed for breaching a duty to prevent harm to a person caused by a patient, unless both of the following occur: 1. The patient has communicated […]
