Ohio Revised Code
Chapter 5122 | Hospitalization of Mentally Ill
Section 5122.29 | Patients' Rights.

Effective: October 1, 2012
Latest Legislation: House Bill 153 - 129th General Assembly
All patients hospitalized or committed pursuant to this chapter have the following rights:
(A) The right to a written list of all rights enumerated in this chapter, to that person, that person's legal guardian, and that person's counsel. If the person is unable to read, the list shall be read and explained to the person.
(B) The right at all times to be treated with consideration and respect for the patient's privacy and dignity, including without limitation, the following:
(1) At the time a person is taken into custody for diagnosis, detention, or treatment under Chapter 5122. of the Revised Code, the person taking that person into custody shall take reasonable precautions to preserve and safeguard the personal property in the possession of or on the premises occupied by that person;
(2) A person who is committed, voluntarily or involuntarily, shall be given reasonable protection from assault or battery by any other person.
(C) The right to communicate freely with and be visited at reasonable times by the patient's private counsel or personnel of the Ohio protection and advocacy system and, unless prior court restriction has been obtained, to communicate freely with and be visited at reasonable times by the patient's personal physician or psychologist.
(D) The right to communicate freely with others, unless specifically restricted in the patient's treatment plan for clear treatment reasons, including without limitation the following:
(1) To receive visitors at reasonable times;
(2) To have reasonable access to telephones to make and receive confidential calls, including a reasonable number of free calls if unable to pay for them and assistance in calling if requested and needed.
(E) The right to have ready access to letter writing materials, including a reasonable number of stamps without cost if unable to pay for them, and to mail and receive unopened correspondence and assistance in writing if requested and needed.
(F) The right to the following personal privileges consistent with health and safety:
(1) To wear the patient's own clothes and maintain the patient's own personal effects;
(2) To be provided an adequate allowance for or allotment of neat, clean, and seasonable clothing if unable to provide the patient's own;
(3) To maintain the patient's personal appearance according to the patient's own personal taste, including head and body hair;
(4) To keep and use personal possessions, including toilet articles;
(5) To have access to individual storage space for the patient's private use;
(6) To keep and spend a reasonable sum of the patient's own money for expenses and small purchases;
(7) To receive and possess reading materials without censorship, except when the materials create a clear and present danger to the safety of persons in the facility.
(G) The right to reasonable privacy, including both periods of privacy and places of privacy.
(H) The right to free exercise of religious worship within the facility, including a right to services and sacred texts that are within the reasonable capacity of the facility to supply, provided that no patient shall be coerced into engaging in any religious activities.
(I) The right to social interaction with members of either sex, subject to adequate supervision, unless such social interaction is specifically withheld under a patient's written treatment plan for clear treatment reasons.
As used in this section, "clear treatment reasons" means that permitting the patient to communicate freely with others will present a substantial risk of physical harm to the patient or others or will substantially preclude effective treatment of the patient. If a right provided under this section is restricted or withheld for clear treatment reasons, the patient's written treatment plan shall specify the treatment designed to eliminate the restriction or withholding of the right at the earliest possible time.

Structure Ohio Revised Code

Ohio Revised Code

Title 51 | Public Welfare

Chapter 5122 | Hospitalization of Mentally Ill

Section 5122.01 | Hospitalization of Mentally Ill Definitions.

Section 5122.011 | Application of Chapter.

Section 5122.02 | Application for Voluntary Admission.

Section 5122.03 | Release of Voluntary Patients.

Section 5122.04 | Outpatient Services for Minors Without Knowledge or Consent of Parent or Guardian.

Section 5122.05 | Involuntary Admission.

Section 5122.09 | Release Before Hearing.

Section 5122.10 | Emergency Hospitalization.

Section 5122.11 | Court Ordered Treatment of Mentally Ill Person.

Section 5122.111 | Affidavit of Mental Illness.

Section 5122.112 | Termination of Probate Court Jurisdiction.

Section 5122.12 | Hearing Notice.

Section 5122.13 | Investigation.

Section 5122.141 | Initial Hearing.

Section 5122.15 | Full Hearing.

Section 5122.16 | Hospital Care or Treatment by Veterans' Administration or Other u.s. Agency.

Section 5122.17 | Temporary Detention.

Section 5122.18 | Notice of Hospitalization.

Section 5122.19 | Medical Examination Within 24 Hours of Arrival.

Section 5122.20 | Transfers.

Section 5122.21 | Discharging Involuntary Patients.

Section 5122.22 | Trial Visits.

Section 5122.23 | Reporting Death or Change in Custody Status of Patient.

Section 5122.231 | Applying for County Services.

Section 5122.25 | Rehearing.

Section 5122.26 | Patient Absent Without Leave.

Section 5122.27 | Chief Clinical Officer Duties.

Section 5122.271 | Consent to Treatment.

Section 5122.28 | Labor and Tasks Performed by Patients.

Section 5122.29 | Patients' Rights.

Section 5122.30 | Writ of Habeas Corpus.

Section 5122.301 | Civil Rights of Patients.

Section 5122.31 | Confidentiality.

Section 5122.311 | Notification of Bureau of Criminal Identification and Investigation of Adjudication of Mental Illness.

Section 5122.32 | Confidentiality of Quality Assurance Records.

Section 5122.33 | Department of Mental Health and Addiction Services; Additional Powers.

Section 5122.34 | Immunity.

Section 5122.341 | Immunity From Liability.

Section 5122.35 | Venue.

Section 5122.36 | Expenses of Return to County of Residence.

Section 5122.38 | Competency Adjudications.

Section 5122.39 | Guardianship of Mentally Ill Persons.

Section 5122.41 | Transmission of Court Papers.

Section 5122.42 | Preservation of Rights and Privileges.

Section 5122.43 | Payment of Costs, Fees, and Expenses of Proceedings - Reimbursement.

Section 5122.44 | Patients Buried on Department Hospital Grounds - Definitions.

Section 5122.45 | Compilation of Patient Information for Each Cemetery.

Section 5122.46 | History Connection and State Agencies to Provide Access to Information.

Section 5122.47 | Deposit of Compilations With History Connection and State Library.

Section 5122.99 | Penalty.