Rhode Island General Laws
Chapter 40.1-5 - Mental Health Law
Section 40.1-5-22. - Duties of the mental health advocate.

§ 40.1-5-22. Duties of the mental health advocate.
The mental health advocate shall perform the following duties:
(1) Ensure that each person in treatment and, in proper cases, others interested in the person’s welfare, is apprised of his or her rights under this chapter.
(2) Review periodically the procedures established by facilities to carry out provisions of this chapter.
(3) Assist any patient to obtain needed legal assistance concerning problems not related to the provisions of this chapter by referring the persons to appropriate lawyer referral services, public or private, depending upon the person’s ability to pay, and assist the persons in the preparation and transmission of correspondence, forms, and other communications.
(4) Review complaints of persons and investigate those where it appears that a person may be in need of assistance from the mental health advocate.
(5) Investigate and report to the director or person in charge of any facility, any occurrences, conditions, or practices with respect to procedure, personnel, or facilities that reflect inadequacies with reference to the provisions of this chapter.
(6) Act as counsel for all indigent persons and to assist other than indigents to secure counsel relating to the application of the provisions of this chapter, including, but not limited to, judicial proceedings hereunder.
(7) Take all possible action including, but not limited to, programs of public education, legislative advocacy, and formal legal action, to secure and ensure the legal, civil, and special rights of persons who are subject to the provisions of this chapter.
(8) Establish a formal liaison between the mental health advocate and community-based mental health clinics and other community facilities.
History of Section.P.L. 1974, ch. 119, § 1; P.L. 1980, ch. 226, § 12; P.L. 1982, ch. 414, § 14.

Structure Rhode Island General Laws

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 40.1-5-3. - General powers and duties of state department of behavioral healthcare, developmental disabilities and hospitals.

Section 40.1-5-4. - Delegation of authority by director.

Section 40.1-5-5. - Admission of patients generally — Rights of patients — Patients’ records — Competence of patients.

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.

Section 40.1-5-42. - Severability.

Section 40.1-5-43. - Applicability to acts done, rights accruing, orders, or admissions prior to January 1, 1975.