§ 40.1-5-3. General powers and duties of state department of behavioral healthcare, developmental disabilities and hospitals.
(a) The state department of behavioral healthcare, developmental disabilities and hospitals is charged with the execution of the laws relating to the admission and custody of the mentally disabled.
(b) Under the direction of the state director of behavioral healthcare, developmental disabilities and hospitals, he or she, or one or more of his or her assistants or representatives so designated, shall visit the several facilities in the department and others as are approved to function under this chapter for the purpose of determining whether the provisions of this chapter relating to custody and admission of mentally disabled persons are being complied with. For these purposes, the director is empowered to subpoena witnesses; compel their attendance; administer oaths to witnesses; examine witnesses under oath; and require the production of any books, documents, papers, or records deemed relevant to the inquiry of investigation. A subpoena issued under this section shall be regulated by the civil practice laws and rules.
(c) In licensing, regulating, inspecting, and investigating facilities as defined in this chapter pursuant to the provisions of chapter 16 of title 23, the department of health shall engage independent qualified experts in mental health treatment and in the administration of mental health facilities, and shall license only facilities accredited in accordance with the joint commission on accreditation of hospitals standards for psychiatric facilities and which continue to meet such standards.
(d) Under the direction of the state director of behavioral healthcare, developmental disabilities and hospitals, the state department of behavioral healthcare, developmental disabilities and hospitals may:
(1) Examine all facilities, public and private, authorized by law to receive, admit, educate, and care for the mentally disabled; and
(2) Inquire into their methods of government and the management of all persons therein; and
(3) Examine into the condition of all buildings, grounds, and other property connected with the facility, and into all matters relating to its management.
(e) For the purposes set forth under subsection (d), the director may:
(1) Have free access to the grounds, buildings, and all books and records relating to any facility; and
(2) Be entitled to receive from all persons connected in any way with the facility, information and assistance for any examination or inquiry as the director may require.
(f) The director may, by order, appoint a competent person to examine the books and papers and also the general condition and management of any facility to the extent deemed necessary and specified in the order.
(g) The director may adopt rules and regulations governing the management of facilities, both public and private, as he or she may deem necessary to carry out the provisions of this chapter to insure the comfort and promote the welfare of the patients.
History of Section.P.L. 1966, ch. 100, § 1; P.L. 1968, ch. 168, § 1; G.L. 1956, § 40-20-3; Reorg. Plan No. 1, 1970; P.L. 1974, ch. 119, § 1.
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.