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 highest standards accepted in medical practice;
(3) To safe and sanitary housing;
(4) To not participate in nontherapeutic labor;
(5) To attend or not attend religious services;
(6) To receive prompt evaluation and care, treatment, habilitation or rehabilitation about which he is informed insofar as he is capable of understanding;
(7) To be treated with dignity as a human being;
(8) To not be the subject of experimental research without his prior written and informed consent or that of his parent, if a minor, or his guardian; except that no involuntary patient shall be subject to experimental research, except as provided within this chapter;
(9) To decide not to participate or may withdraw from any research at any time for any reason*;
(10) To have access to consultation with a private physician at his own expense;
(11) To be evaluated, treated or habilitated in the least restrictive environment;
(12) To not be subjected to any hazardous treatment or surgical procedure unless he, his parent, if he is a minor, or his guardian consents; or unless such treatment or surgical procedure is ordered by a court of competent jurisdiction;
(13) In the case of hazardous treatment or irreversible surgical procedures, to have, upon request, an impartial review prior to implementation, except in case of emergency procedures required for the preservation of his life;
(14) To a nourishing, well-balanced and varied diet;
(15) To be free from verbal and physical abuse.
2. Notwithstanding any other sections of this chapter, each patient, resident or client shall have the right to an impartial administrative review of alleged violations of the rights assured under this chapter. The impartial administration review process shall be a mechanism for:
(1) Reporting alleged violations of rights assured under this chapter;
(2) Investigating alleged violations of these rights;
(3) Presenting patient, resident or client grievances on the record to a neutral decision maker; and
(4) Requiring that the neutral decision maker issue findings of fact, conclusions and recommendations.
3. The impartial administrative review process shall be completed within a timely manner after the alleged violation is reported.
4. This impartial review process shall not apply to investigations of alleged patient, resident or client abuse or neglect conducted pursuant to section 630.167.
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(L. 1980 H.B. 1724, A.L. 1996 S.B. 884 & 841)
*Word "season" appears in original rolls.
Structure Missouri Revised Statutes
Title XL - Additional Executive Departments
Chapter 630 - Department of Mental Health
Section 630.005 - Definitions.
Section 630.015 - Director, appointment — duties of commission.
Section 630.020 - Departmental goals, duties.
Section 630.030 - Division directors, appointment, removal — appointment of other general personnel.
Section 630.035 - Appointment of facility heads, medical staffs.
Section 630.040 - Facility administrative officers to have general charge and control.
Section 630.045 - Appointment of persons for civil involuntary detention actions.
Section 630.050 - Rules, promulgation, procedure — public inspection — facility policies.
Section 630.053 - Mental health earnings fund — uses — rules and regulations, procedure.
Section 630.055 - Research activities by department.
Section 630.060 - Cooperation with other groups.
Section 630.065 - Planning activities by department.
Section 630.070 - Workers' compensation law extended to employees of department.
Section 630.075 - Personnel recruitment, development and training.
Section 630.085 - Annual report by director, to whom, when, contents.
Section 630.095 - Copyrights and trademarks by department.
Section 630.110 - Patient's rights — limitations.
Section 630.115 - Patient's entitlements — administrative review of violations.
Section 630.120 - No presumptions.
Section 630.125 - Explanation of rights and entitlements.
Section 630.127 - Notification protocols — rulemaking authority.
Section 630.130 - Electroconvulsive therapy, procedure — prohibitions — attorney's fees.
Section 630.133 - Psychosurgery, consent required — not to be performed by department.
Section 630.135 - Rules regarding patient's rights.
Section 630.150 - Disclosure of absence to be made, when, to whom.
Section 630.155 - Mistreatment of patient — defined — penalty.
Section 630.160 - Furnishing unfit food — defined — penalty.
Section 630.161 - Investigation of reports of vulnerable person abuse, when.
Section 630.162 - Mandatory reporters — preventing or discouraging reporting, penalty.
Section 630.163 - Mandatory reporting requirements.
Section 630.164 - Immunity from liability, when.
Section 630.168 - Suspected abuse to be reported.
Section 630.180 - Treatment by religious practice to be permitted.
Section 630.183 - Officers may authorize medical treatment for patient.
Section 630.186 - Purchase of food limited to that for use of patients.
Section 630.192 - Limitations on research activities in mental health facilities and programs.
Section 630.198 - Duties of research review committee.
Section 630.199 - Research involving persons civilly detained, sections applicable.
Section 630.200 - Discrimination prohibited.
Section 630.202 - Essential caregiver designation, procedure, requirements.
Section 630.305 - Funds of patient, control, expenditure, return, safekeeping.
Section 630.310 - Receipt of funds of patient, procedure.
Section 630.315 - Department may become payee for patient, procedure.
Section 630.320 - Disposition of unclaimed funds of patient — escheats, procedure.
Section 630.325 - Disposition of unclaimed personal property of patient.
Section 630.335 - Canteens and commissaries authorized — operation.
Section 630.340 - Sheltered workshops and activity centers authorized — operation.
Section 630.350 - Limitation on bank accounts.
Section 630.410 - Evaluation of contracts.
Section 630.415 - Terms of contracts.
Section 630.420 - Affiliation agreements from vendors required.
Section 630.425 - Incentive grants authorized — rules and regulations — duration of grants.
Section 630.430 - Commissioner of administration to make rules and regulations for incentive grants.
Section 630.435 - Affiliation agreements from grantees required.
Section 630.440 - Payment to grantees, procedure.
Section 630.445 - Records required of vendors or grantees, contents — access for inspection.
Section 630.450 - Duplication of programs to be avoided.
Section 630.455 - Attorney general to seek restitution for department.
Section 630.462 - Contractors for community psychiatric rehabilitation, reviews, how conducted.
Section 630.505 - Department to name facilities.
Section 630.510 - Inventory of facilities — plan for new facilities.
Section 630.525 - Destruction of obsolete structures — procedure.
Section 630.535 - Unneeded property may be transferred to another state agency — procedure.
Section 630.540 - Proposed transfers and conveyances to be reviewed.
Section 630.545 - Board and living quarters for employees of facilities.
Section 630.575 - Council created, members, duties, terms, meetings.
Section 630.580 - Education and awareness programs established — cooperation of state agencies.
Section 630.605 - Placement programs to be maintained.
Section 630.610 - Applications for placement — criteria to be considered.
Section 630.615 - Program standards to be considered — prior to placement.
Section 630.620 - Facilities and programs to be utilized in making placements.
Section 630.625 - Consent required for placement.
Section 630.630 - Alternative proposals to be prepared.
Section 630.640 - Costs of benefits may be paid by department — recovery.
Section 630.645 - Follow-up care.
Section 630.650 - Cooperation with department of social services.
Section 630.655 - Rules for standards for placement facilities and programs — required standards.
Section 630.656 - Waiver or exception request of administrative rule or standard, procedure.
Section 630.660 - Written contracts required.
Section 630.710 - Required standards.
Section 630.715 - Licensing of residential facilities and day programs — fee — affidavit.
Section 630.730 - Inspection by department and others, when — may be ordered, when.
Section 630.735 - License required.
Section 630.760 - Patients to have same rights as those for residents of nursing homes.
Section 630.763 - Receiver may be requested, by whom, when.
Section 630.772 - Emergency procedure.
Section 630.775 - Powers and duties of receiver.
Section 630.781 - Compensation of receiver.
Section 630.784 - Receiver may receive license.
Section 630.787 - Receivership may be terminated by court, when.
Section 630.793 - Liabilities of receivers and licensees.
Section 630.810 - Compact enacted — form.
Section 630.815 - Director of department to make rules — cooperate in administration.
Section 630.820 - Supplementary agreements authorized, when effective.
Section 630.825 - Expenses, how paid.
Section 630.830 - Transfer of patient, duty of administrator.
Section 630.835 - Copies of law furnished other states.
Section 630.850 - Compact enacted — form.
Section 630.855 - Contracts authorized, limitations.
Section 630.925 - Mental health fatality review panel established, members, duties.
Section 630.927 - Rulemaking authority.
Section 630.950 - Immunity from liability, when.
Section 630.975 - Rulemaking authority — disclosure of records, when.