§ 40.1-5.3-13. General rights.
(a) Every person committed for care and treatment under the provisions of this chapter shall retain certain constitutional and civil rights. The exercise of these rights may be limited only for good cause, and any limitation must be promptly entered into the person’s record. These rights include, but are not limited, to the following:
(1) To be visited privately by a personal physician, attorney, clergyperson, or the mental health advocate, and by other persons at all reasonable times;
(2) To be provided with stationery, writing materials, and postage in reasonable amounts and to have free unrestricted, unopened, and uncensored use of the mail;
(3) To wear one’s own clothes, keep and use personal possessions, have access to individual storage space for private use, and reasonable access to the telephone to make and receive confidential calls;
(4) To seek independent examinations and opinions from a psychiatrist or mental health professional of his or her choice;
(5) To receive and read literature;
(6) To have access to the mental health advocate upon request;
(7) Not to participate in experimentation in the absence of the person’s informed, written consent, or if incompetent, upon an order of substituted judgment;
(8) To freedom from restraint or seclusion, except during an emergency;
(9) To exercise the rights described in this section without reprisal, including reprisal in the form of denial of any appropriate and available treatment or any right or privilege;
(10) To have an opportunity for exercise at least one hour each day.
(b) For the purposes of this section, “emergency” is defined as an imminent threat of serious bodily harm to the patient or to others. A request for informed consent includes a reasonable explanation of the procedure to be followed, the benefits to be expected, the relative advantages of alternative treatments, the potential discomforts and risks, and the right and opportunity to revoke the consent.
History of Section.P.L. 1987, ch. 281, § 1.
Structure Rhode Island General Laws
Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals
Chapter 40.1-5.3 - Incompetency to Stand Trial and Persons Adjudged Not Guilty by Reason of Insanity
Section 40.1-5.3-1. - Facility for incompetent persons and others.
Section 40.1-5.3-2. - Transfers between state-operated hospitals.
Section 40.1-5.3-3. - Competency to stand trial.
Section 40.1-5.3-4. - Commitment of persons acquitted on ground of insanity.
Section 40.1-5.3-5. - Expenses of examination.
Section 40.1-5.3-6. - Examination of persons awaiting trial or convicted and imprisoned for crime.
Section 40.1-5.3-7. - Hearing on petition.
Section 40.1-5.3-8. - Duration of order of transfer — Officer to whom directed.
Section 40.1-5.3-9. - Return to confinement.
Section 40.1-5.3-9.1. - Hearing on petition.
Section 40.1-5.3-10. - Expenses of examination.
Section 40.1-5.3-11. - Liability for expenses of maintenance — Action for collection of expenses.
Section 40.1-5.3-12. - Investigation of ability to pay for maintenance.
Section 40.1-5.3-13. - General rights.
Section 40.1-5.3-14. - Right to treatment — Treatment plan.
Section 40.1-5.3-15. - Disclosure of confidential information and records.
Section 40.1-5.3-16. - Disclosure of rights.
Section 40.1-5.3-17. - Penalties for deprivation of rights — Disciplinary action — Duty to report.