§ 37-3-160. Individual Dignity of Patients to Be Respected; Treatment of the Mentally Ill as Medical Patients; Use of Criminal Facilities and Procedures

The patient’s dignity as an individual shall be respected at all times and upon all occasions, including any occasion wherein the patient is taken into custody, detained, or transported. Mentally ill patients or those suspected of being mentally ill shall, to the maximum extent reasonably possible, be treated at all times as medical patients. All […]

§ 37-3-161. Securing of Least Restrictive Alternative Placement; Assisting Patient in Securing Placement in Noninstitutional Community Facilities and Programs

It is the policy of the state that the least restrictive alternative placement be secured for every patient at every stage of his medical treatment and care. It shall be the duty of the facility to assist the patient in securing placement in noninstitutional community facilities and programs. History. Code 1933, § 88-502.21, enacted by […]

§ 37-3-162. Patients’ Care and Treatment Rights

Each patient in a facility and each person receiving services for mental illness shall receive care and treatment that is suited to his needs and is the least restrictive appropriate care and treatment. Such care and treatment shall be administered skillfully, safely, and humanely with full respect for the patient’s dignity and personal integrity. Each […]

§ 37-3-163. Recognition of Patient’s Physical Integrity; Rights to Refuse Medication; Obtaining Consent to Treatment and Surgery; Emergency Surgery; Immunity of Hospital or Physician; Direction of Notice of Actions Taken Under Code Section

It shall be the policy of this state to recognize the personal physical integrity of all patients. It shall be the policy of this state to protect, within reason, the right of every individual to refuse medication except in cases where a physician determines that refusal would be unsafe to the patient or others. If […]

§ 37-3-164. “Representative,” “Substantial Change” Defined; Consultation by Patient’s Representative With Treatment Facility; Notification of Treatment Change; Guardian’s Consultation and Notification Rights

As used in this Code section, the term: “Representative” means the representative designated by the patient or, in the absence of such designation, the person selected as a representative in the order of listing under subsection (b) of Code Section 37-3-147 but shall not mean the patient’s legal guardian. At the time of designation or […]

§ 37-3-165. Mistreatment, Neglect, or Abuse of Patients Prohibited; Use of Medication, Physical Restraints, or Seclusion Restricted; Standards for Use of Physical Restraint

Mistreatment, neglect, or abuse in any form of any patient is prohibited. Medication in quantities that interfere with the patient’s treatment program is prohibited. All medication, seclusion, or physical restraints are to be used solely for the purposes of providing effective treatment and protecting the safety of the patient and other persons. Physical restraints shall […]

§ 37-3-166. Treatment of Clinical Records; When Release Permitted; Scope of Privileged Communications; Liability for Disclosure; Notice to Sheriff of Discharge

A clinical record for each patient shall be maintained. Authorized release of the record shall include but not be limited to examination of the original record, copies of all or any portion of the record, or disclosure of information from the record, except for matters privileged under the laws of this state.  Such examination shall […]

§ 37-3-167. Right of Patient to Examine His Records and to Request Correction of Inaccuracies; Promulgation of Rules and Regulations; Judicial Supervision of Files and Records Relating to Proceedings Under This Chapter

Except as provided in subsection (b) of Code Section 37-3-162, every patient shall have the right to examine all medical records kept in the patient’s name by the department or the facility where the patient was hospitalized or treated. Every patient shall have the right to request that any inaccurate information found in his medical […]

§ 37-3-168. Right of Patient’s Attorney to Interview Physicians, Psychologists, and Staff Attending Patient; Establishment of Regulations as to Release of Information to Patient’s Attorney

The patient’s attorney shall have the right, at reasonable times, to interview the physician or psychologist and staff who have attended or are now attending the patient in any facility and to have the patient’s records interpreted by them. The chief medical officer is authorized and directed to establish reasonable regulations to make available to […]