§ 40.1-5-11. Discharge — Recertification.
(a) The official in charge of any facility, or his or her designated agent, on having his or her reasons noted on the patient’s records, shall discharge any patient certified or admitted pursuant to the provisions of this chapter, when:
(1) Suitable alternatives to certification or admission are available;
(2) The patient is, in the judgment of the official, recovered;
(3) The patient is not recovered, but discharge, in the judgment of the official, will not create a likelihood of serious harm by reason of psychiatric disability.
(b) When a patient discharge is requested and if the discharge is denied, the reasons therefor shall be stated, in writing, and noted in the patient’s record and a copy thereof shall be given to the person applying for the release.
(c) At the expiration of the six-month (6) period set forth in § 40.1-5-8(j), or any subsequent six-month (6) period following recertification pursuant to this section, the patient shall be unconditionally released unless a recertification petition is filed by the official in charge of a facility, or his or her designated agent, within no less than fifteen (15) days and no more than thirty (30) days prior to the scheduled expiration date of a six-month (6) period. A hearing must be held pursuant to the petition and a decision rendered before the expiration of the six-month (6) period. A recertification hearing shall follow all of the procedures set forth in § 40.1-5-8 and recertification may be ordered only if the petitioner proves by clear and convincing evidence that the conduct and responses of the patient during the course of the previous six-month (6) period indicate that the patient is presently in need of care and treatment in a facility; is one whose continued unsupervised presence in the community would create a likelihood of serious harm by reason of psychiatric disability; and that all alternatives to recertification have been investigated and deemed unsuitable.
History of Section.P.L. 1966, ch. 100, § 1; G.L. 1956, § 40-20-13; Reorg. Plan No. 1, 1970; G.L. 1956, § 40.1-5-13; P.L. 1974, ch. 119, § 1; P.L. 1976, ch. 203, § 1; P.L. 2022, ch. 231, art. 11, § 7, effective June 27, 2022.
Structure Rhode Island General Laws
Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals
Chapter 40.1-5 - Mental Health Law
Section 40.1-5-1. - Short title.
Section 40.1-5-2. - Definitions.
Section 40.1-5-4. - Delegation of authority by director.
Section 40.1-5-6. - Voluntary admission.
Section 40.1-5-7. - Emergency certification.
Section 40.1-5-7.1. - Emergency transportation by police.
Section 40.1-5-8. - Civil court certification.
Section 40.1-5-9. - Right to treatment — Treatment plan.
Section 40.1-5-10. - Periodic institutional review proceedings.
Section 40.1-5-11. - Discharge — Recertification.
Section 40.1-5-12. - Habeas corpus and other remedies.
Section 40.1-5-13. - Mental health advocate.
Section 40.1-5-14. - Appointment and term of office of mental health advocate.
Section 40.1-5-15. - Staff of mental health advocate.
Section 40.1-5-16. - Appropriations.
Section 40.1-5-17. - Assistance of indigent persons.
Section 40.1-5-18. - Confidentiality of information received.
Section 40.1-5-19. - False statements and representations.
Section 40.1-5-20. - Exemption from court fees or charges.
Section 40.1-5-21. - Annual report.
Section 40.1-5-22. - Duties of the mental health advocate.
Section 40.1-5-23. - Access to information.
Section 40.1-5-24. - Rights and powers of mental health advocate.
Section 40.1-5-24.1. - Powers to accept grants and bequests.
Section 40.1-5-25. - Use of confidential information.
Section 40.1-5-26. - Disclosure of confidential information and records.
Section 40.1-5-27. - Release of information to patient’s family.
Section 40.1-5-27.1. - Disclosure by mental health professional.
Section 40.1-5-28. - Notice of disappearance of patient.
Section 40.1-5-29. - Record of disclosure.
Section 40.1-5-30. - Statistical data.
Section 40.1-5-31. - Maintenance of facilities.
Section 40.1-5-32. - Transfer of patients.
Section 40.1-5-33. - Payment for care and treatment.
Section 40.1-5-34. - Exclusiveness of this chapter.
Section 40.1-5-35. - Support of poor or indigent patients.
Section 40.1-5-36. - Guardians ad litem.
Section 40.1-5-37. - Service of process on patients.
Section 40.1-5-38. - Conspiracy to admit person improperly.
Section 40.1-5-39. - Deprivation of rights of persons admitted to facilities.
Section 40.1-5-40. - Disciplinary action against employees of facilities.
Section 40.1-5-40.1. - Duty to report.
Section 40.1-5-40.2. - Immunity from liability for reporting patient abuse.
Section 40.1-5-41. - Immunity of physicians and surgeons from liability.